Section 39 - Judgment Search Results

Pacific Health Care (P) Ltd. and ors Vs. State of W.B. and ors.

Court: Kolkata Appellate

..... case whatsoever because an amendment was made in the statute more specifically in section 39 by adding sub section 3 of section 39 as discussed above with retrospective effect from 1st september 1999 when there ..... was amended by west bengal act xvi of 2001 by inserting a new sub section 3 of section 39 with retrospective effect from 1st september 1999 all acts and actions under the above .....

Vinayendra Nath Upadhyay Vs. State of U.P. and Others.

Court: Allahabad

..... conveying or transferring immovable property subject to imposition of additional stamp duty as defined under section 39 of the u p urban planning amp development act 1973 2 whether the words immovable ..... relation to instruments as included under the extended definition the additional duty as leviable under section 39 would also be applicable as involved in the present context 23 the division bench in .....

K. Govinde Gowda Vs. Akkayamma and Others

Court: Karnataka

..... cannot collect and levy duty and penalty 8 the provisions of sec 39 1 which is relevant and germane for consideration in this case ..... thereof whether such amount exceeds or falls short of five rupees section 39 1 b of the act the deputy commissioner can collect the ..... duty the discrimination and the discrepancy in the provisions of sec 34 vis vis sec 39 is not considered and decided 13 in the light of .....

M/S. Sky Gourmet Catering Private Limited Vs. the Assistant Commission ...

Court: Karnataka

..... no further evidence and therefore the initiation of proceedings under section 39 2 and passing of an order under that provision ..... said component has escaped the assessment proceedings were initiated under section 39 1 and is completed n accordance with law therefore ..... fact after the returns were filed re assessment proceedings under section 39 1 was initiated and after hearing the assessee they .....

S. Ramachander Vs. the Union of India, Represented by Chief of Army an ...

Court: Armed forces Tribunal AFT Regional Bench Chennai

..... point charges 1 and 2 levelled against the applicant under section 39 b and 39 a are being proved by the evidence of p w ..... before the summary court martial the applicant appellant was charged under section 39 b of the army act for having absented himself after availing ..... 2 a the second charge against the applicant appellant was under section 39 a of the army act ie without sufficient case he absented .....

Mechano Paper Machines Ltd. Vs. Nepc Papers and Boards Ltd. and ors.

Court: Kolkata

..... this appeal is whether in view of insertion of sub section 4 to section 39 of the code of civil procedure this court has jurisdiction ..... therein 13 although the said provisions are inconsistent with sub section 4 of section 39 of the code the supreme court in the case of ..... by the amended provision the word shall mentioned in sub section 4 of section 39 is not intended to mean as being mandatory for it .....

Hdfc Bank Vs. Chaumkaur Singh and Another

Court: Kolkata

..... the present matter is the introduction of sub section 4 to nbsp section 39 of the code section 39 1 of the code permits the court which ..... that nbsp was the basis for the incorporation of sub section 4 in section 39 of the code nbsp and submit that the amendment is ..... nbsp amendment unless the provision is unintelligible as it stands section 39 1 of the nbsp code has three operative features in a .....

Princl. Chief Conservator of Forest and anr. Vs. J.K. Johnson and ors.

Court: Supreme Court of India

Reported in: 2011(4)KLT98(SN)(C.No.110); (2011)10SCC794; 2012(1)SCC(Cri)431; 2012(1)SCJ603; 2012(2)MLJ257; AIR2012SC61; 2012(1)LW(Crl)407

..... commission of an offence against the 1972 act stands forfeited under section 39 if accepted would not only result in anomaly but also lead ..... little different but this court considered the ambit and scope of section 39 1 d that matter reached this court from a full bench ..... commission of offence this court said ldquo any attempt to operationalise section 39 1 d of the act merely on the basis of seizure .....

C. Rajan Vs. the Union of India, Rep by Its Secretary to Government an ...

Court: Armed forces Tribunal AFT Regional Bench Chennai

..... madras engineer group and centre bangalore on 21 08 2000 under sections 39 f 39 a 2counts and 48 2 counts of the army act the ..... engineer regiment on 1st july 1999 for an offence under army act section 39 b without sufficient cause overstaying leave granted to him d ..... to a conclusion that the charge has been proved under section 39 f 48 and 39 a of the army act under which the punishments provided .....

Global Process Systems Inc and Another (Respondents) Vs. Syarikat Taka ...

Court: UK Supreme Court

..... inherent vice or nature of the subject matter insured did include unseaworthiness then contrary to section 39 5 the insurer could escape liability under a time policy for loss and damage attributable ..... the vessel was unseaworthy indeed after negativing the existence of any warranty or defence under section 39 5 of the 1906 act lord birkenhead lc with whose speech viscount haldane and viscount .....