Judgment Search Results Home > Cases Phrase: seeds act 1966 Page 96 of about 574,375 results (0.463 seconds)

Dr. Himanshu S. Jha Vs. the Chancellor, Kumaun University and Others

Court : Uttaranchal

..... government is, therefore, required to incorporate various provisions contained in the said scheme appropriately in the statute as well as in the act, so as to make the scheme available to the beneficiaries thereof in accordance with law known to the people. ..... we may point out that the chancellor did not take notice of the law governing the field as contained in the act and the statute, nor did he take notice of the career advancement scheme. ..... of the provisions contained in the said inserted section, teachers, namely, lecturers and readers of universities, appointed under section 31 of the act, became entitled to personal promotion to the posts of readers and professors respectively. ..... the provisions contained therein are required to be incorporated in the act as well as in the statute for the purpose of enabling the beneficiaries of the said scheme to obtain the benefits thereunder in accordance with law and not on the basis of something made ..... the selection was communicated to the respondent no.5 on 3 rd december, 2005, when the respondent no.5 made a representation before the chancellor under section 68 of the act seeking his interference in the matter of her non-selection. ..... to the extent indicated above, the original concept contained in the act read with the statute, has been altered. ..... in terms of the mandate contained in section 31 of the act selection committee upon completion of selection is required to make recommendation for appointment of teachers of a university to the .....

Dhruba Charan Jena, Kendrapara and Another Vs. State of Orissa and Oth ...

Court : Orissa

..... on the above rival contentions, the only question that falls for consideration by this court is as to whether opposite party no.2-a-district magistrate & collector, kendrapara has illegally and arbitrarily without following procedure of provisions of orissa municipal act, 1950 and orissa municipal (dwrs & ce) rules, 1994 passed the final notification no.4095 / g&m dated 24.3.2011 (annexure-4) in the matter of delimitation of wards and reservation of seats for general election to kendrapara municipality, 2011 and ..... reserving the seats for sc, st, women and bcc categories the numerical strength of their population and principle of rotation as per provision of law as prescribed under sections 11 and 12 of the act, 1950 and rule 3 of the rules, 1994 and instruction of h & ud department vide letter no.14406 dated 06.06.2009 have been strictly followed. ..... mr.mohapatra further submitted that the district magistrate and collector, kendrapara has followed the principles and provisions of the act, 1950 and the rules, 1994 while issuing the final notification (annexure4) dividing kendrapara municipality area into 21 wards and making reservation of different wards for sc, st, bcc and ..... the draft notification dated 5.3.2011 the petitioner and others preferred an appeal on the ground that the said notification is defective and violates the provisions of sections 11 and 12 of the municipal act as well as rule 3 of the rules, 1994 and the mandate of article 243-t of the constitution of india. .....

Royal Bank of Canada Royal Bank Plaza Vs. Dit(international Taxation), ...

Court : Authority for Advance Rulings

..... the above discussion of the press note containing guidelines and various other provisions of different acts and regulations, at the least, raises a strong presumption that the transactions of purchases and sales of shares in indian companies by the applicant are for realizing capital gains, which could have been rebutted by ..... losses from futures and options contracts (derivative transactions) carried out on the indian stock exchanges are in the nature of business income in the hands of the applicant under the provisions of the act read with the agreement for avoidance of double taxation between india and canada (treaty)? 2. ..... brought to our notice that pursuant to the notice issued by the department under section 133(6) of the act, the particulars relating to derivatives contracts were placed before the income tax authority. ..... made out by the learned counsel for the revenue is that under the bank act of canada, the applicant cannot carry on business other than the business of ..... the applicant is a public company incorporated under the bank act of canada and is engaged in the business of banking ..... 2010 which states that the bank act permits royal bank of canada to conduct proprietary training activities and that the superintendent of financial instructions is aware that the applicant ..... a special provision in the income-tax act cannot be pressed into service to deny the benefit which is otherwise due to fii under the tax treaty provisions notwithstanding their conflict with the domestic .....

Shri Dipak Patel Vs. the Adjudicating Officer, Securities and Exchange ...

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

..... of securities in the name of the transferee or the deapatch of securities or connected documents to any transferee; (d) indulge in falsification of the books, accounts and records (whether maintained manually or in computer or in any other form); (e) when acting as an agent, execute a transaction with a client at a price other than the price at which the transaction was executed by him, whether on a stock exchange or otherwise, or at a price other than the price at which it was ..... person or his agent to deal in securities, whether or not there is any wrongful gain or avoidance of any loss, and shall also include- (1) a knowing misrepresentation of the truth or concealment of material fact in order that another person may act to his detriment; (2) a suggestion as to a fact which is not true by one who does not believe it to be true; (3) an active concealment of a fact by a person having knowledge or belief of the fact; (4) a promise made without any intention of ..... securities in a fraudulent manner; (b) use or employ, in connection with issue, purchase or sale of any security listed or proposed to be listed in a recognized stock exchange, any manipulative or deceptive device or contrivance in contravention of the provisions of the act or the rules or the regulations made thereunder; (c) employ any device, scheme or artifice to defraud in connection with dealing in or issue of securities which are listed or proposed to be listed on a recognized stock exchange; (d) engage in any .....

M.P. State Legal Service Authority Vs. Prateek JaIn and anr

Court : Supreme Court of India

..... was a legislative vacuum which prompted the court to frame those guidelines to achieve the following objectives: (i) to discourage litigants from unduly delaying the composition of offences in cases involving section 138 of the act; (ii) it would result in encouraging compounding at an early stage of litigation saving valuable time of the court which is spent on the trial of such cases; and (iii) even though imposition of costs by ..... attorney general to frame guidelines for a graded scheme of imposing costs on parties who unduly delay compounding of the offence inasmuch as such a requirement of deposit of the costs will act as a deterrent for delayed composition since free and easy compounding of offences at any stage, however belated, was given incentive to the drawer of the cheque to delay settling of cases for years. ..... of the high court was also stayed in the following words: in the meantime, having regard to the objects to be achieved by the provisions of the legal services authorities act, 1987, the operation of the order passed by the lok adalat-i, gwalior, madhya pradesh, on 30th july, 2011, and that of the high court impugned in this petition ..... writen submissions filed on behalf of the learned attorney general have stressed on the fact that unlike section 320 of the crpc, section 147 of the negotiable instruments act provides no explicit guidance as to what stage compounding can or cannot be done and whether compounding can be done at the instance of the complainant or with .....

Maruti Suzuki India Ltd. Vs.delhi Auto General Finance Pvt. Ltd.

Court : Delhi

..... judgment which was challenged in rfa no.851/2015, the applicant/judicial officer had held that equitable mortgage by deposit of title deeds could not be created in delhi because section 58(f) of transfer of property act did not apply to delhi, and this conclusion was arrived at without any elaborate discussion, though such a finding and conclusion of a court would as rightly as observed by a learned single judge ..... sale even if relating to immovable property used exclusively in trade or commerce, for the purpose of court fees and jurisdiction will continue to be governed by the provisions of the court fees act and the suits valuation act as aforesaid and only those commercial disputes relating to immovable property will be triable by the commercial courts the consideration for sale of which property is in excess of the specified value. g. ..... that the applicant/judicial officer had indeed without realizing the gravity of the findings being rendered by her of alleged non-applicability of section 58(f) of the transfer of property act to delhi, disposed of the issue in just one paragraph by stating that there is nothing on record, and which was clearly a casual approach because applicability of rfa nos ..... . that despite the fact that the hon ble appellate court failed to notice that no notification under section 58(f) of the transfer of property act had been proved during the trial of the case or highlighted at any point of time, the applicant makes it clear that she is neither concerned with .....

Jhabbar Singh (d) By Lrs. Etc. Vs. Jagtar Singh

Court : Supreme Court of India

..... to pre-empt on the date of sale and on the date of the decree of the first court, and whether the loss of that right after the date of decree either by his own act or by an act beyond his control or by any subsequent change in the legislation which is prospective in operation during the pendency of the appeal filed against the decree of the court of first instance, would affect the ..... owner of the suit land who had allegedly not given any notice of sale to the plaintiff as required to be given under section 19 of the pre- 12 emption act and against whom the right to pre-empt the sale is claimed would be a proper party if not a necessary party, for a complete and final adjudication on the ..... rajiv bhalla appearing for the respondent repelling the submissions made on behalf of the appellants submitted that as per section 121 of the revenue act, the partition comes into effect on a date to be notified by the assistant collector in the instrument of partition and not on the date ..... of partition, whereas in the instant case neither the instrument of partition was prepared, nor the date was determined by the assistant collector as per section 121 of the revenue act, and therefore it could not be said that the proceedings of partition had stood concluded before the date of decrees passed in the suits. ..... the high court had grossly erred in misinterpreting the provisions of punjab pre-emption act and of land revenue act, and 27 in setting aside the judgments and decrees passed by the trial court .....

Gopal Srinivasan Trust Vs. Assistant Director of Income-tax

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1993)46ITD157(Mad.)

..... misdirected themselves in law as respects the true status to be assigned to the assessees.this, in turn, led them into the further error of holding that the assessees are not entitled to deduction under section 80l of the act.according to shri ramamani, the reference in section 164 to maximum marginal rate applicable in relation to the highest slab of income in the case of association of persons has a narrow focus, namely, the rate of tax to be applied to the income ..... at this stage of the hearing, we specifically elicited the response of both the counsel for the assessee and the departmental representative to the following propositions: (a) under the scheme of the act, the income of a private discretionary trust is brought to tax in the hands of the trustee(s) in his/their character of representative assessee, the rate of taxation applicable being the maximum marginal rate as defined in explanation 2 to section 164, or, as the ..... defined the term "person" as including "every artificial juridical person, not falling within any of the preceding sub-clauses", the 1922 act did not contain sucha mention of "artificial juridical person" and it was, therefore, that under the old act, the assessments of even deities had to be completed in the status of 'individual', although the expression 'individual' should clearly apply to natural or living persons.thus, he confirmed the denial by the assessing officer .....

Deputy Commissioner of Vs. AshwIn C. Shah

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2002)82ITD573(Mum.)

..... orders had been passed by the tribunal following the judgment of the supreme court cited supra, to the effect that the stock exchange card was not an asset under the wealth-tax act and in the normal course such orders would have had to be followed in the interests of judicial propriety, discipline and decorum, but considering the nature of the prayer made on behalf ..... the orders of the tribunal passed earlier following the said judgment would be followed and, on the other hand, if the said judgment was found not applicable to the wealth-tax act consistent with the principles of judicial discipline and decorum and also consistent with the practice adopted in the tribunal in such cases, the matter would be placed again before the president ..... exchange.it was therefore held that the membership right or membership card of rajesh shah was not his property and therefore it could not be attached under section 281b of the income-tax act and since no amount on account of rajesh shah was due from or held by the stock exchange, the garnishes order was also invalid.as already stated the rules of the bse ..... reasons given earlier.we accordingly hold, consistent with the earlier orders of the tribunal, that the stock exchange card of the bse is not an asset under section 2(e) of the wealth-tax act.we wish to place on record the very able assistance rendered by mr.dave, the learned commissioner of income-tax (dr) on behalf of the department and learned counsel who appeared for the assessees before us, led .....

Garrick D'Silva Vs. Jt. Cit

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)5SOT132(Delhi)

..... by the assessee on account of exercise of stock options granted to the assessee in terms of his employment is liable to tax (as perquisite under section 17(1)(iii), of the income tax act, 1961) and that there was no capital gain derived by the assessee on the sale of shares as the sale price and the price on the date of exercise of the option ..... where no money has been paid, the cost shall be taken as nil, (b) "specified security" means the securities as defined in clause (h) of section 2 of the securities contracts (regulation) act, 1956 (42 of 1956) and includes employees' stock option and sweat equity shares; (c) "sweat equity shares" means equity shares issued by a company to its employees or directors at a ..... as perquisite within the meaning of section 17(2)(iii).a question which appears to be pertinent may arise as to with the omission of section 17(2)(iiia) with effect from 1-4-2001, the old provisions of the act are restored and, therefore, if the interpretation of provisions of section 17(2)(iii) as advanced by the revenue is accepted, that would be against the intention of the legislature insofar as the profits arising ..... the first point of dispute appears to be attractive at first sight but it loses its lusture when one peeps deep into the employment agreement and the provisions of the act.it has been pointed out earlier that in this case the value of perquisites determined by the assessing officer in respect of free residential accommodation and free car facility provided .....