Court : Mumbai
Reported in : 2003(6)BomCR758; 2004(1)CTLJ377(Bom); 2004(1)MhLj606
..... that being so, when parliament stepped in and enacted the central amendment act, it being a later law made by parliament 'with respect to the same matter', the west bengal amendment act stood impliedly repealed. ..... a counter-claim or set off against the judgment creditors which is equal to or in excess of the amount due under the decree and which he could not in law for the time being in force prefer in the summary suit in which the decree was passed;(ii) the decree is not executable under the provisions of law on the date of the application;(iii) the decree has been induced on the basis of material misrepresentation and on the basis of palpable false statements made by the judgment creditor in the summary suit which renders the decree null and void and ..... , have been compulsorily dematerialised so that the former distinctive numbers of the shares no longer exist and the quantity and value of the shares exist only in dematerialised form and shown in the dematerialised statement issued by the depositories. ..... the learned judge after hearing the contentions held that considering the material on record; the post-dated cheques were given by the respondent pursuant to the letter of the petitioner dated 10th june, 1996 and not as a security. .....
Tag this Judgment!Court : Chennai
Reported in : (2009)2MLJ438
..... necessary amendment be carried out in the regulations governing the payment of pension to the members, particularly to amend the definition of vrs as mentioned in regulation 2(z)(e) so as to mean and include the early retirement option 2003 scheme of the bank and to execute the deed of variation in this regard and submit the same to the office of commissioner of income tax for approval.resolved further that regulation 35 governing the pension payment to the employees who opt for vrs be amended so that the employees ..... /2004:in the result, all the seven writ petitions are allowed with the following directions and observations:it is held that all the writ petitioners are eligible to pension under bank of madura employees pension regulations, 1995.arrears of pension is payable to the writ petitioners and also the future pension as admissible under the regulations.as contemplated under regulation 35(ii), all the writ petitioners are to refund to the bank entire contribution to the ..... the society which we propose to set up, the direction in which the state action must move, the welfare state which we propose to build up, the constitutional goal of setting up a socialist state and the assurance in the directive principles of state policy especially of security in old age at least to those who have rendered useful service during their active years, it is indisputable, nor was it questioned, that pension as a retirement benefit is in consonance with and in furtherance of the goals of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305
..... the maharashtra land revenue code and tenancy laws (amendment) act, 1974 and the maharashtra (restoration of lands to scheduled tribes) act, 1974 also prohibit alienation and ensure restoration of alienated lands to the tribes. dr. b.l. ..... under chapter iii of part xii, article 294 vests the union and the corresponding all property and assets which immediately before the commencement of the constitution were vested in his majesty for the purposes of the government of, dominion of india or of each governor's province, whether arising out of any contract or otherwise, similarly all rights, liabilities and obligations, respectively of the government of the dominion of india and of the government of each 36 corresponding state, shall belong to the government of india and the government, of each corresponding state. ..... [jt 1996 (9) sc 303] has held that the transfer of mining leases by an individual in favour of a company is void and in effect, would defeat the object of article 39(b) of the constitution and would nullify the object of distributive justice of the largess of the state to accord economic justice to individuals to improve socio-economic status and to secure dignity of persons. ..... the lease was executed on september 5, 1984 and it is to expire on september 4, 2004. .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)2GLR1142
..... recruitment of ordinary home guards under the bombay home guards act, 1947 and the rules framed thereunder.26.1 the petitioners are concerned with national security as they are a paramilitary force whereas the ordinary home guards are concerned with law and order. ..... (2004) 1 glh 656 relevant paras 24, 30, 31 on page 667 and also paras 36 to 47.10.9 the petitioners who are border wing home guards are governed by the bombay home guards act, 1947, and the bombay home guard rules, 1953 and are entitled to whatever is given to them under the act and the rules and the petitioners cannot claim any relief or benefit which goes beyond the statutory framework of the bombay home guards act, 1947 and the ..... state of gujarat)||deputy commandant general(for whole state of gujarat)||--------------------------------------------------------| | | |battalion-i battalion-ii battalion-iii battalion-iv(battalion (battalion (battalion (battalioncommandant) commandant) commandant) commandant)||--------------------------------------------------------| | | || | | |(2-in command) (2-in command) (2-in command)(2-in command||---------------------------------------------------------| | | || | | |6 companies 6 companies 6 companies 6 companies(a+b+c+d+e+f) (a+b+c+d+e+f) (a+b+c+d+e+f) (a+b+c+d+e+f)10.3 to simplify the aforesaid chart, the hierarchy starts with the commandant general, home guards (for the whole of the state of gujarat in respect of urban home guards, rural home guards and border wing home guards) .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR543; (2005)107BOMLR565
..... are specifically excluded from the levy of cess under the mhada act, this was not a cessed building and therefore, ineligible for reconstruction under development control regulation 33(7); (ii) mhada itself concluded that the certification of 29 tenements done by its executive engineer in 1996 was ex facie incorrect and false, something which is borne out by judicial records of this court, the statutory audit and the municipal record; and (iii) though the application for permission under ..... in another decision arising out of a news item published in hindustan times in relation to the pollution of the river yamuna : (2004)9scc569 , the supreme court made these observations in the context of the relaxation of the building bye-laws in new delhi: 'it is noticed that increase of far and increased density without corresponding increase in provision of services like water, ..... a result of the amendment, the fsi available in development control regulation 33(7) for the reconstruction/ redevelopment of cessed a category buildings is thus : 'the floor space index shall be 2.5 on the gross plot area or the fsi required for rehabilitation of existing tenants plus incentive fsi as specified in appendix iii, whichever is ..... unfortunately, contemporary experience shows that the spurt in public interest litigation has given rise to litigation which is initiated not genuinely in the public interest, but as a means of securing private ends or, as it were ..... the levy of a cess for the purposes of the chapter .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2011)1SCC1
..... coming to section 140a, as a result of the amendment of section 140a(1) by direct tax laws amendment act, 1987 w.e.f. ..... covered by clause (iii), tax shall be calculated on the income disclosed in the application as if such income were the total income; (ii) if the applicant has furnished a return in respect of the total income of that year (whether or not an assessment has been made in pursuance of such return), tax shall be calculated on the aggregate of the total income returned and the income disclosed in the application as if such aggregate were the total income; (iii) if the proceeding pending before the income-tax authority is in the nature of a proceeding for reassessment of the applicant under section ..... vide referral orders dated 14.12.2004 and 20.1.2005 the following questions have been referred to the constitution bench of this court: (i) whether sections 234a, 234b and 234c of the income tax act, 1961 (for short "the act") are at all applicable to proceedings of the settlement commission under chapter xix-a of the act? ..... (2b) if the settlement commission is satisfied, on an application made in this behalf by the assessee, that he is unable for good and sufficient reasons to pay the additional amount of income tax referred to in sub- section (2a) within the time specified in that sub-section, it may extend the time for payment of the amount which remains unpaid or allow payment thereof by instalments if the assessee furnishes adequate security for the payment thereof. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(6)ALD261; 2003(5)ALT613
..... chapter ii of the act sets out provisions for the establishment and control for administration of the provisions of the act and inheres in a commissioner of prohibition and excise, the chief control and administration of all matters under the act, subject to the general or specific orders of the ..... granted unless the applicant deposits security for fulfilment of all the conditions of licence; the table thereunder specifies the security deposit in cash ..... the proviso to rule 5(1) of the andhra pradesh distillery rules, 1970, as amended, the maximum production of the distillery for the previous year or the actual production in the current year, whichever is higher, is to be taken as the ..... the decision has reiterated the law that when the state permits trade or business in potable liquor with or without limitations, the citizens have the right to carry on trade or business subject to the limitations, if any, and the state cannot discriminate between the citizens who are qualified to carry on the ..... iii) the other ground of rejection recorded in the order of the 1st respondent namely that the state does not want to permit increase in consumption of liquor is also incorrect and misconceived being inconsistent and contrary to its excise policy for the year 2000-2001 which affirmatively permits expansion of the ..... the statistics available for the five months period up to august, 2003, for the current excise year 2003-2004 the 'robust' growth in the consumptive pattern appears possible during the ..... [ .....
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2005Chh21; 2006(1)MPHT18(CG)
..... (2004 (2) cal lj 197 (cal)) (supra) the only provision in the agreement was that the agreement will subject to and governed by the laws in force in india and there was no provision, as in the present case, that in case of arbitration the english law will apply and the arbitration will be conducted in accordance with the said provisions of the english arbitration act and the subsequent amendments thereto. ..... in august, 1996 and that the parties to the contract made an express choice in indian law both as the proper law of contract and the proper law of arbitration and india was also the country with which the contract was most closely associated and the contract was signed in india and was entirely performed in india and was to be governed by indian laws and hence there was no reason for the court to hold that the expression 'the country under the law of which was made' under section 48(1)(e) of the indian act would ..... chapter-iii of the indian act titled 'composition of arbitral tribunal' and in particular sections 10 and 11 therein do not provide for appointment of an umpire. ..... (3) if an application for the setting aside or suspension of the award has been made to a competent authority referred to in clause (e) of sub-section (1) the court may, if it considers it proper, adjourn the decision on the enforcement of the award and may also, on the application of the party claiming enforcement of the award, order the other party to give suitable security. 49. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC3708; 2005(4)CTC762; JT2005(8)SC203; (2005)12SCC1
..... iii) the respondents having amended their memo of appeal as also the reference in terms of order vi rule 17 of the code of civil procedure, vis-a-vis section 53 of the act, the high court had the requisite jurisdiction to enhance the amount of compensation in favour of the ..... may be true that as submitted by the learned counsel for the respondents that in that case the respondent was not favoured with any declaration of the bhumidhari right in terms of section 11 of the act nor the question of the effect of the provisions thereof as regard the right of the land owner in relation to mines and minerals was raised, but there cannot be doubt that therein the law as regard extent of right of a ..... act for the recovery of an arrear of land-revenue or a sum recoverable as such an arrear and every other person not hereinbefore in this clause mentioned who is in possession of an estate or any share or portion thereof, or in the enjoyment of any part of the profits of an estate;(3) 'holding' means a share or portion of an estate held by one land-owner or jointly by two or more land- owners;'section 61 of the land revenue act provided for security ..... the state government or the financial commissioner with the approval of the state government may, for the guidance of revenue-officers, from time to time issue executive instructions relating to all matters to which the provisions of this chapter apply, provided that such instructions shall be consistent with the provisions of this act and the .....
Tag this Judgment!Court : Delhi
Reported in : 2008(4)ARBLR497(Delhi); 155(2008)DLT457
..... by the lrba as well as the correspondence between the parties to contend that in view of the provisions of section 47 of the arbitration and conciliation act, 1996 in the case of an international commercial arbitration held out of india, the party applying for the enforcement of a foreign award is required to discharge the following obligations only:(a) to produce in court the original award or a copy thereof, duly authenticated in the manner required by the law of the country in which it is made;(b) to produce the original agreement for arbitration or duly certified copy thereof; and(c) such evidence as may be necessary to prove that the ..... (3) if an application for the setting aside or suspension of the award has been made to a competent authority referred to in clause (e) of sub-section (1) the court may, if it considers it proper, adjourn the decision on the enforcement of the award and may also, on the application of the party claiming enforcement of the award, order the other party to give suitable security.36. ..... tiku vehemently contended that the plaintiff having filed an application under section 66 of the english arbitration act in the united kingdom and having subsequently withdrawn the same by order dated 11th june, 2004 on payment of - 23,332.50 as costs, the question to be considered is:does the withdrawal of the section 66 proceedings not amount to the abandonment of the claim for enforcement of the award by the plaintiff65. mr. .....
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