Judgment Search Results Home > Cases Phrase: state of himachal pradesh act 1970 section 18 power of election commission to maintain delimitation orders up to date Court: chennai

Government of Tamil Nadu and ors. Vs. P. Hepzi Vimalabai

Court : Chennai

Reported in : (1995)1MLJ1

..... before the division bench, the learned counsel appearing for the public service commission raised the question of maintainability and entertainability of the petitions submitting that section 14 read with section 28 of the administrative tribunals act, 1985, excluded the jurisdiction of the high court and the appropriate forum before which the petitioners should have raised their grievances was the state administrative tribunal duly established and functioning in the state of madhya pradesh. ..... before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment;(f) repeal or amend any order made by the president under clause (3) of article 371-d;(g) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as parliament may deem necessary for the effective functioning of, and for the speedy ..... the state of himachal pradesh (1989) 2 ..... exclusion of jurisdiction of courts except the supreme court under article 136 of the constitution: on and from the date from which any jurisdiction, power and authority becomes exercisable under this act by a tribunal in relation to recruitment and matters concerning recruitment to any service or post or service matters concerning members of any service or persons appointed to any service or post, no court except-(a) the supreme court; or(b) any industrial tribunal, labour .....

Commissioner of Income Tax Salem Vs. The Salem Agricultural Producers ...

Court : Chennai

..... earned by the assessee cooperative bank on fixed deposits with himachal pradesh state co-operative bank in compliance with the provisions of section 57 of the himachal pradesh co-operative societies act, 1968, the income derived from banking business is eligible for deduction under section 80 p (2) (a) (i) of the act. ..... (prayer: appeal filed under section 260-a of the income tax act,1961 against the order of the income tax appellate tribunal, madras 'd' bench, chennai dated 30/6/2014 in ita no.732/mds/2014 ..... addressing the said issue, at paragraph no.8, in i.t.a.no.732/mds/2014 dated 30/6/2014, the tribunal has ordered ashereunder:- the case of the assessee is that the income by way of interest and dividend earned by the assessee society are from investments made in salem district central co-operative bank, which is also admittedly, a co- ..... in {(2009) 309 itr 106 (hp)}, before the tribunal, the respondent/assessee has reiterated deduction under section 80 p (2) (a) (i) of the income tax act, whereas, the appellant has relied on the orders of the authorities. 6. ..... challenge in this tax appeal, is to an order passed by the income tax appellate tribunal in i.t.a.no.732/mds/2014, dated 30/6/2014, for the assessment year 2010 2011. ..... three questions of law have already been answered against the appellant in t.c.a.nos.3 and 4 of 2015, dated 9/8/2016, and that therefore, we are not inclined to advert to the same. 4. ..... , the id.cit (appeals confirmed the order passed by the id.cit (appeals). .....

Somasundaran Alias Tembi and Others Vs. State by Inspector of Police

Court : Chennai

Reported in : 1997CriLJ1769

..... though i am in agreement with the principles laid down by the supreme court as well as the himachal pradesh high court, it is not applicable to the facts of the present case as the case on hand is at the stage of framing ..... section 228(a) provides that if the court of sessions of opinion that there is ground for presuming that the accused has committed an offence not triable by the court of sessions but only triable by the magistrate then he may frame a charge against the accused in respect of the first class offence and by order transfer the case for trial to the chief judicial magistrate and thereupon the chief judicial magistrate shall try the ..... case, though there are series of three acts (1) assault on mani (2) assault on witness kandaswamy and (3) insulting police officials by using filthy language and preventing them from discharging their duties took place as series of acts so connected together which forms as the same ..... the magistrate, which leads him to form a presumptive opinion as to the existence of the factual ingredients constituting the offence alleged, may justify the framing of charges against the accused in respect of the commission of that offence'. 11. ..... i heard the government advocate appearing for the state who represented that the materials in the form of 161 statements of the witnesses and the medical evidence would clinchingly establish that there is a prima facie ..... the court below to go on with the case expeditiously and dispose of the same at an early date. .....

Selvi J. Jayalalitha, Vs. the Union of India (Uoi), Rep. by Its Secret ...

Court : Chennai

Reported in : [2007]288ITR225(Mad)

..... state of himachal pradesh], the supreme court held that if some material is brought on record, consistent with the innocence of the accused which may reasonably be true, even though it is not positively proved to be true, the ..... state of himachal pradesh] : ..... section 143(2) or 142a(1) or 142a(2), under section 271a for failure to maintain books of account, under section 271b for failure to get the accounts audited, under section 272a for failure to answer queries, under section 272aa for failure to comply with the provisions of section 133b, under section 272b for non-compliance of the provisions of section 139a, under section 273(1)(b) for failure to furnish a statement of advance tax, under section 273(2)(b) for failure to furnish estimate of advance tax and under section 273(2)(c) of the ..... if a person wilfully fails to furnish in due time the return of fringe benefits which he is required to furnish under sub-section (1) of section 115wd or by notice given under sub-section (2) of the said section or section 115wh or the return of total income which he is required to furnish under sub-section (1) of section 139 or by notice given under clause (i) of sub-section (1) of section 142 or section 148 or section 153a, he shall be punishable, -(i) in a case where the amount of tax, which would have been evaded if the failure ..... by order dated 28.2.1997 ..... . the powers conferred on the commission by section 6 and the procedure prescribed by section 7 were clearly held ..... ( ..... prosecution]>(1970) .....

Muruga Home Industries Vs. Government of Tamil Nadu and anr.

Court : Chennai

Reported in : (1996)ILLJ598Mad

..... state of himachal pradesh ..... , have challenged the impugned notification issued by the first respondent, the government of tamil nadu in exercise of its powers conferred by clause (b) of sub-section (1) of section 3 and sub-section (1) (b), sub-section (2) of section 5 of the minimum wages act, 1948, revising the minimum wages of the schedule, part i, entry 3, relating to employment in any tobacco (including beedi making) manufactory, in the state of tamil nadu. ..... it is not necessary for the appropriate government to wait for the last date of the preliminary notification to expire before consultation with the advisory board once procedure under section 5(1)(b) and sub-section (2) of the act is resorted to by the government.22. a perusal of the records shows that the procedure under section 5(1)(b) and sub-section (2) of the act is complied within the instant case and the advisory board has been ..... represented by its general secretary and the jolarpettai beedi workers' union represented by its president, respectively, were impleaded as per order of this court on april 25, 1994, and they have been impleaded as r-2 and r-4, respectively, and they have ..... 7925 of 1993 has raised preliminary objections regarding the maintainability of thewrit petitions on the ground that the respectiveworkers ..... state of mysore : (1970)iillj403sc , wherein the supreme court has observed as follows: 'the fixation of minimum wages depends on the prevailing economic conditions, the cost of living in a place .....

The Commissioner of Income Tax, Chennai Vs. M/S. Breeze Hotels Pvt. Lt ...

Court : Chennai

..... the various contentions made by the respective parties therein the himachal pradesh high court observed that the object of the act as disclosed from the preamble is to provide for the levy of a tax "on expenditure incurred in certain hotels or restaurants" and the charge is of a percentage stipulated from time to time of the chargeable expenditure incurred in a hotel referred to in section 3(1) of the act, and the quantum of chargeable expenditure has to be determined in accordance with section 5 of the act. ..... given by the assessee and consequently he proceeded to complete the assessment based on the data available on record, in fairness to the claim of both sides, we feel the proper course herein would be to set aside the order and remit the matter back to the assessing officer for the purpose of conducting an enquiry to find out the actual expenditure, which could be made liable to expenditure tax, as discussed supra. 19. ..... (prayer: appeals under section 260 a of the income tax act, 1961 filed against the order of the income tax appellate tribunal "a" bench, chennai dated 17.2.2006 in exp.t.a nos.1&2 /mds/2005, for the assessment years 1997-98 and 1998-1999 ..... the details of tariff, as furnished by the assessee through their letter dated 22.2.1999 to the assessing officer, are as follows:- standard single rs.1000/- standard double rs.1250/- studio single rs.1150/- studio double rs.1400/- suite rs.1600/- special suite rs.2,050/- consequently, the assessee was required to file a .....

Petitioner Vs. Respondent

Court : Chennai

..... state of himachal pradesh), at paragraph no.24, the himachal pradesh high court had observed as follows:- "24. ..... state of himachal pradesh); (ii) 2012-2-l.w.87 (m.ramesh vs. ..... offence with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both; and for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both. ..... coming to the facts of the case, the records would reveal that the petitioner, on 26.01.2012 in a drunken state while driving a car, crossing the yellow line hit a motor cycle, auto and another motor cycle which were proceeding in the opposite direction and dashed on the platform due to which one person died ..... further, in this case, it is useful to refer section 185 of the motor vehicles act, 1988, which reads as follows:- "185. ..... for a period of two weeks and (iv) the petitioner shall not leave the limits of chennai city until further orders and without obtaining prior permission from the court. ..... in parikh s text book of medical jurisprudence and toxicology at page 855, it is stated that at a concentration of 0.15 per cent (150 mg %), some are under the influence of alcohol and others decidedly would be drunk. ..... the learned senior counsel would further submit that on the date of occurrence, the petitioner left around 3.45 a.m. .....

N. Venkatachalam Vs. State represented by the Inspector of Police CBI/ ...

Court : Chennai

..... in the reported case of state of himachal pradesh v. ..... this court has quoted the observation of the hon'ble supreme court in paragraph-17 as follows:- ''the hon'ble supreme court has held that the order either refusing or granting sanction is an order passed under statutory power, but at the same time, it is held that even the power once exercised can be exercised once again, but while reconsidering the matter, fresh material must have been collected by the investigating agency subsequent to the ..... funds of loans into the accounts of a1; that the said loan accounts became npa, which resulted in wrongful loss of rs.2,74,24,378/- to the bank of india and pecuniary advantage of a1 and his family members; the above acts of the accused persons established the commission of offences punishable under sections 120-b r/w.420, 467, 468 and 471 of ipc and ..... as a matter of fact, from the perusal of the subsequent order dated march 15, 2008, it is clear that on the same materials, the sanctioning authority has changed its opinion and ordered sanction to prosecute the respondent which, in our opinion, is clearly ..... by way of foot-note, we observe that the investigating agency might have had legitimate grievance about the order dated november 27, 2007 refusing to grant sanction, and if that were so and no fresh materials were necessary, it ought to have challenged the order of the sanctioning authority being not of continuing character could have been exercised only once on the same materials .....

Shri Ramkishan Srikishan Jhaver and ors. Vs. Commissioner of Commercia ...

Court : Chennai

Reported in : [1965]16STC708(Mad)

..... state of himachal pradesh : 1954crilj1029 , we have considered and decided the question whether the power of search and seizure under section 41 of the act is a reasonable restriction, on our assumption that a search ..... the dealer in his accounts, registers, records and other documents maintained in the course of his business:provided that before ordering the confiscation of goods under this sub-section, the officer shall give the person affected an opportunity of being heard and make an inquiry in the prescribed manner: provided further that the officer ordering the confiscation shall give the person affected option to pay in ..... sales tax officer : [1964]6scr867 at 924, the supreme court held that the provision in the hyderabad general sales tax act, 1950, that every person, who has collected before a specified date, any amount by way of tax which is not exigible under the charging provision shall pay over to the government and that in default of payme : [1964]6scr867 nt, it ..... justice tendolkar : [1959]1scr279 , the supreme court upheld the validity of section 3(1) of the commissions of inquiry act on the grounds among others,parliament has confided the task of selective application of the law to the appropriate government and it ..... that the constitution is meant not only for people of their way of thinking but for all, and that the majority of the elected representatives of the people have, in authorising the imposition of the restrictions, considered them to be reasonable.54. .....

Shri Ramkishan Srikishan Jhaver and Others Vs. Commissioner of Commerc ...

Court : Chennai

Reported in : [1965]57ITR664(Mad)

..... state of himachal pradesh, we have considered and decided the question whether the power of search and seizure under section 41 of the act is a reasonable restriction, on our assumption that a search by itself is ..... by the dealer in his accounts, registers, records and other documents maintained in the course of his business.provided that before ordering the confiscation of goods under this sub-section the officer shall give the person affected an opportunity of being heard and make an inquiry in the prescribed manner.provided further that the officer ordering the confiscation shall give the person affected option to pay in lieu ..... but this power of the state government cannot be approximated to or is not like the power of the commissioner of income-tax under section 37(2) or 5(7a) of the income-tax act or of the central government in the commissions of inquiry act, 1952, ..... and the sobering reflection that the constitution is meant not only for people of their way of thinking but for all, and that the majority of the elected representatives of the people have, in authorising the imposition of the restrictions, considered them to be reasonable. ..... sales tax officer the supreme court held that the provision in the hyderabad general sales tax act, 1950, that every person, who has collected before a specified date any amount by way of tax which is not eligible under the charging provision, shall pay over to the government and that in default of payment, it shall be recovered as if it were .....