Section 39 - Judgment Search Results

Mohit Bhargava Vs. Bharat Bhushan Bhargava and ors.

Court: Supreme Court of India

Reported in: AIR2007SC1717; 2007(4)ALT13(SC); 2007(3)AWC2348(SC); (SCSuppl)2007(3)CHN47; 2007(5)CTC298; JT2007(6)SC140; 2007(4)MhLj1; (2007)4MLJ508(SC); 2007MPLJ419(SC); RLW2007(3)SC217

..... in the year 2002 curtailing that discretion and introducing sub section 4 in section 39 of the code making it clear that any attempt of ..... order xxi rule 3 order xxi rule 48 and section 39 of the code this court stated section 39 does not authorise the court to execute the ..... taken to have been resolved by the introduction of sub section 4 of section 39 of the code which is a mandate to the executing .....

Chandraprabha Charitable Trust Vs. State of Kerala

Court: Kerala

Reported in: (2007)209CTR(Ker)432; [2007]292ITR122(Ker)

..... the date of filing of the return for easy reference we may extract sub section 6 of section 39 39 6 any assessment other than those pending on the date of commencement of this ..... such return the time limit prescribed under section 41 shall apply section 39 1 specifically refers to section 35 we may extract sub section 1 of section 39 for easy reference 39 assessment of agricultural income 1 if .....

Sri Selva Ganesh Traders Vs. Commercial Tax Officer

Court: Chennai

Reported in: (2007)9VST411(Mad)

..... are overruled no opportunity of being heard was given as contemplated under section 39 5 of the tn vat act further the additional security demanded ..... by the respondent is not in accordance with the provisions of section 39 5 of the tn vat act 3 learned counsel appearing for ..... and on receipt of the objections personal hearing as contemplated under section 39 5 14 and 15 of the act shall be given to .....

V. Padmanabhan and ors. Vs. the Commissioner, Hindu Religious and Char ...

Court: Kerala

Reported in: 2007(2)KLJ730

..... and term of office 1 where a religious institution included in the list published under section 39 or over which no area committee has jurisdiction has no hereditary trustee the commissioner shall ..... conferring power on the commissioner to review an order passed under section 39 of the act commissioner while passing order under section 39 is exercising a quasi judicial function 10 apex court in dr smt .....

Yusuf Ali Khan Rashid Ali Khan and anr. Vs. Nazema Begum D/O Nisar Ahm ...

Court: Mumbai

Reported in: 2007(5)ALLMR751; 2007(6)BomCR785; 2007(4)MhLj141

..... for execution to any subordinate court of competent jurisdiction 2 bare perusal of sub section 1 of section 39 shows that the court which has passed the decree may on the application of ..... decree order for execution to the civil court and the said application was allowed under section 39 of civil procedure code transfer was effected and accordingly certificate was issued it is apposite to refer .....

Employees' State Insurance Corporation Vs. 4 Aces Restaurant

Court: Kerala

Reported in: [2007(115)FLR566]; (2007)IILLJ903Ker

..... shall not exceed the lending rate of interest charged by any scheduled bank sub section 4 of section 39 says that the contributions payable in respect of each wage period shall ordinarily fall ..... for demand of interest for belated payment of contribution is a mandatory provision sub section 5 a of section 39 specifically says that if any contribution payable under the act is not paid .....

Lmj International Ltd. Vs. Sea Stream Navigation Ltd.

Court: Kolkata

Reported in: AIR2007Cal260,2008(1)ARBLR83(Cal),(2007)3CALLT424(HC)

..... the special jurisdiction under any other law was not incorporated in section 39 the section was enacted in a form which was absolute and not subject ..... 44 of the letters patent read of course with sub section 2 of section 39 clause 44 is in general terms and is of an ..... and inoperative 23 after discussing and examining the provision of section 39 of act 1940 section 100 of c p c and clause 15 of the .....

K.N. Ram @ Kedar Nath Ram Vs. the State of Bihar and anr.

Court: Patna

..... the only way in which it can be said that section 39 extended section 378 is by stating that it made something which was not ..... established law is as follows dishonest abstraction of electricity mentioned in section 39 of the act cannot be an offence under the penal code ..... it abstraction of energy is not an offence at all section 39 did not extend section 378 of the code in the sense of amending it .....

Khangenbam Mani Singh and ors. Vs. Khangenbam Sachikumar Singh @ Iboto ...

Court: Guwahati

..... proceeding to advance the cause of justice 20 it is true that section 39 cpc specifically deals with transfer of a decree from one court to ..... district court are much wider and the same is not controlled by section 39 21 in the case of p madhavan unni v m jayapandia nadar ..... i am of the view that ss 24 and 39 cpc operate in two different fields section 39 have given the power to the executing court itself .....

FountaIn Head Developers Vs. Mrs. Maria Arcangela Sequeira (Since Dece ...

Court: Mumbai

Reported in: AIR2007Bom149; 2007(3)ALLMR304; 2007(2)ARBLR362(Bom); 2007(3)BomCR393; 2008(1)CTC7

..... under the letters patent from an order passed in appeal under sub section 1 of section 39 of the act of 1940 is competent it is thus clear ..... of civil procedure the supreme court had an occasion to deal with section 39 2 of the act of 1940 in union of india v mohinder ..... in this judgment has held that the expression second appeal used in section 39 2 of the act of 1940 means a further appeal from an .....