Section 47 - Judgment Search Results

Chikwamba (Fc) (Appellant) Vs. Secretary of State for the Home Departm ...

Court: House of Lords

..... s case the respondent contests both submissions there is nothing in section 65 submits ms carss frisk qc to preclude the appellate authorities ..... to discourage others from circumventing the entry clearance system 8217 8220 47 the appellant 8217 s assertion that there is a presumption ..... only to ask the question to recognise the right answer conclusion 47 i would allow the appeal and hold that to remove .....

Shri Ashish Sahu Vs. Smt. Sushila Devi Chouhan

Court: Madhya Pradesh

Reported in: 2008(3)MPHT158

..... rent controlling authority was having jurisdiction to decide the application filed by the petitioner under section 47 of the code 4 per contra learned counsel for respondent submitted that in view of ..... the order passed by the rent controlling authority was final and no such application under section 47 of the code was maintainable before the authority 5 to appreciate the aforesaid contention of .....

Saju George Vs. Thomas and ors.

Court: Kerala

Reported in: 2008(3)KLJ67; 2008(4)KLT486

..... valid and therefore being representatives of judgment debtor petitioners are entitled to file petitions under section 47 of the code of civil procedure and learned sub judge was not justified in ..... doctrine of election cannot apply to disable the judgment debtor from maintaining an application under section 47 of the code of civil procedure merely because he has earlier filed an application .....

Majorstake Limited (Respondents) Vs. Curtis (Appellant)

Court: House of Lords

..... ever lead to that apparently absurd conclusion section 47 2 prevents the court from making a section 47 1 declaration unless the conditions of section 47 2 are satisfied section 47 1 enables but does not oblige the ..... redevelop any premises in which the tenant 8217 s flat is contained 8230 8221 section 47 1 however section 47 2 of the act provides as follows 8220 2 the court shall not make .....

Dinkar Shankarrao Patil, Vs. Dr. Sheshrao Shankarrao Patil,

Court: Mumbai

Reported in: 2008(4)ALLMR707; 2008(3)BomCR676; 2008(3)MhLj833

..... to entertain and decide the application in accordance with scheme of section 47 of the said act under sub section 2 of section 47 hearing to the parties and an enquiry by the charity commissioner ..... trustee for any of the reasons specified in sub section 1 of section 47 in relation to appointment of trustee or trustees sub section 3 of section 47 is material after considering these two aspects of .....

Thankamma Vs. Leelamma Abraham

Court: Kerala

Reported in: 2008(1)KLJ907; 2008(2)KLT500

..... it is stated that the petitioner had also filed another e a under section 47 c p c for the very same relief and as such the ..... order xxi rule 90 c p c and that the application under section 47 c p c was filed subsequently on 13 10 2004 following the ..... bar in simultaneously prosecuting the two applications and that when an application under section 47 c p c is filed challenging the sale to be void for .....

Mrs. N. Krishnaveni Vs. P.L. Narasimha Rao

Court: Chennai

Reported in: (2008)5MLJ78

..... the respondent cannot challenge the same in an application filed under section 47 cpc as a nullity further the respondent cannot raise objection ..... agents or impleadment of l rs in an application filed under section 47 cpc instead he ought to have raised the same at ..... apex court while dealing with a similar situation held that under section 47 cpc an issue that was never raised in the original .....

Commissioner of Income-tax Vs. Coats of India Ltd.

Court: Kolkata

Reported in: (2009)221CTR(Cal)775,[2009]315ITR215(Cal),[2009]176TAXMAN438(Cal)

..... of business undertaking included transfer of stock in trade and the proviso to section 47 iv excludes the operation of section 47 iv in case capital asset is transferred as stock in trade 5 ..... and the said company was an indian company in the said factual circumstances provisions of section 47 iv were applicable in respect of transfer of business undertaking after considering all these facts .....

Dharam Kaur Vs. State of Punjab and ors.

Court: Punjab and Haryana

Reported in: (2009)3PLR590

..... such no reference was made by him to the collector under section 47 a of the indian stamp act 1899 4 the collector ..... well as the learned appellate authority wrongly interpreted the provisions of section 47 a of the act the contention of the learned counsel for ..... district the collector may also suo motu take action 15 provision of section 47 a 3 does not specifically mention that the exercise of powers .....

U.P. Pollution Control Board Vs. Dr. Bhupendra Kumar Modi and anr.

Court: Supreme Court of India

Reported in: 2009CriLJ1146(1); 2009(1)CTC84; (2009)2SCC147

..... court after finding that there is no allegation as regards the requirement of sub section 2 of section 47 and the learned judicial magistrate issued summons without application of mind allowed the appeal ..... note of the averments in the complaint against the directors managers and the ingredients of section 47 of the act this court declined to accept the reasoning of the high court and .....