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Judgment Search Results Home > Cases Phrase: state of mizoram act 1986 Court: chennai Page 1 of about 75 results (0.053 seconds)

Jul 02 2014 (HC)

K.Thilagavathi Vs. 1.The Union of India Rep. by

Court : Chennai

..... customs officials can deviate from the legal path and over-step the legal restraints in their effort to curb the activities of the individuals believed to be engaged in committing criminal offences, and act in an unbridled manner according to their whims and fancies on an assumption that their powers are unlimited and they are free to adopt and arbitrary, fantastic and oppressive procedure which will result ..... third respondent and learned counsel appearing for the third respondent it is submitted that detenus have been detained under section 3(1) of conservation of foreign exchange & prevention of smuggling activities (cofeposa) act, 1974 on 08.02.2014 at 09.30 hours as per the government of india detention order f.no.673/24/2013, cus viii, f.no.673/23/2013-cus viii and f.no.673/22/2013-cus viii, respectively dated 04.02.2014 ..... perusal of the records, it is found that there is legitimate force in the said contention of the petitioners and in the petition, the petitioners have categorically stated that the hon'ble supreme court categorically stated what principle apply to english will apply tamil and the sponsoring authority has failed to inform the family members as per the supreme court guidelines except saying that ..... when any order of detention is made by a state government or by an officer empowered by a government, the detaining authority shall, within ten days, forward to the central government, a report in respect of the order for consideration under section 3(2) of the cofeposa act. .....

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Jan 24 2003 (HC)

State of Mizoram, Rep. by Its Director, Mizoram State Lotteries, Gover ...

Court : Chennai

Reported in : [2003]131STC56(Mad)

..... krishnamurthy, the learned senior counsel appearing for the state of mizoram has supported the above arguments. mr. r. ..... i of schedule 7 and only the central government has got exclusive privilege of the same and in fact, it is an act regulating the organising of lotteries by the states and 2the state is not given any right or laxity in tinkering of the provisions of the act excepting that a state can ban its lotteries and consequently banning the lotteries of other states and barring this right, the state has got no joints to play in the lotteries act and the show is entirely of the central government. ..... got only prospective operation from 9.1.2003 and from that date on wards, no lottery ticket, either of state of tamil nadu or other states, shall be authenticated or subjected to sales tax; (iii) all such lottery tickets, either of the state of tamil nadu or of other states and which have suffered the sales tax under the tamil nadu general sales tax act upto 8.1.2003, can be transferred by the sole agents to sub-agents (retailers) and they, in turn, to the .....

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Dec 23 2003 (HC)

K. Purushothaman Lottery Agency and anr. Vs. Union Territory of Pondic ...

Court : Chennai

Reported in : AIR2004Mad435

..... in fact, this court had an occasion to deal with similar matters arising out of the state of tamil nadu in state of mizoram v. ..... , learned senior counsel appearing for the petitioners, submits that even after notification of 26-6-1998, the union territory had not acted upon it, that exercising power under section 62(7) of pondicherry general sales tax act, it even levied sales tax imposing a higher tax on the sale of lottery tickets vide g.o. ms. no. ..... only condition imposed by the supreme court is that a state or union territory, as the case may be, cannot impose ban on the sale of lottery tickets by other states/union territories unless the host state or the union territory imposes ban on its lotteries.3. ..... following the above judgment of the supreme court, the action of the state of tamil nadu in imposing the ban on lotteries has been upheld by this ..... the lotteries were held to be pernicious and constitutionality of the lotteries act of 1998 enacted by the parliament has been upheld by the supreme court in ..... of 1998 dated 26-6-1998 issued by the first respondent by which the sale of tickets of a lottery organised, conducted or promoted by any other state within the union territory pondicherry, has been prohibited.2. ..... in view of what is stated above, these writ petitions fail and are accordingly ..... the notification was acted upon and in fact, when violations were found, even prosecutions were ..... cannot be said that the union territory of pondicherry did not act upon the notification. .....

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Oct 01 1999 (HC)

Society of Auditors and Etc. Vs. Comptroller and Auditor General of In ...

Court : Chennai

Reported in : AIR2000Mad92

..... the exercise of fundamental right is prohibited, the burden of proving that a total ban on the exercise of the right alone may ensure the maintenance of the interest of general public, lies heavily upon the state; but the question as what are the reasonable restrictions would naturally depend on the natural circumstances of the ease, character of the statute, object which 11 seeks to serve, and the existence of the circumstances ..... to accept part time employment such as a liquidator, trustee, executor, administrator, arbitrator, receiver, adviser or representative for costing, financial or taxation matter, or may take up an appointment that may be made by the central government or a state government or a court of law or any other legal authority or may act as a security in his professional capacity provided his employment is not on a salary cum full time basis. ..... . laxmi khandsari case, : [1981]3scr92 , ahmedabad municipal corporation case, : [1986]2scr700 and bar council case, : [1995]1scr304 dare not applicable to the facts and circumstances of the ..... ., laxmi khandsari case : [1981]3scr92 , municipal corporation case : [1986]2scr700 and bar council case : [1995]1scr304 un-mistakably support the proposition that, where there is a clear violation of article 19(1)(g), the slate has to justify, by acceptable evidence, inevilable consequences or sufficient ..... jan mohammed reported in : [1986]2scr700 and indian council of legal ..... . jan mohammed, : [1986]2scr700 and (iii) indian council of .....

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Jan 02 1951 (HC)

Puthiyatuth Parvathi Alias Kunhi Kava Amma Vs. Nelliyoth Makkam Amma ( ...

Court : Chennai

Reported in : AIR1951Mad187; (1951)IMLJ497

..... , that a suit for redemption of a malabar kanom, like any other suit for redemption of a possessory mortgage, can be valued under section 7(ix) of the court-fees act even though the plaintiff incorporates in his plaint a prayer for the taking of accounts and the payment of arrears of rent due from the kanomdar. ..... admits of only one answer in view of section 6 of madras act i [1] of 1900 and the decisions of this court is shaik ..... the intention of the legislature in enacting sections 5 and 6 of madras act i [1] of 1900 appears to be that there should be a complete & final settlement between the jenmi and the kanomdar of all that is due from the former to the latter and from the latter to the former ..... in respect of suits for redemption, section 7(ix) of the court-fees act has fixed a somewhat arbitrary mode of valuation on the basis of the principal sum secured by the mortgage even though the sum ultimately found payable by the plaintiff to the mortgagee on taking accounts is ..... realised by the mortgagee in excess of what was due to him, is incidental to the main relief of redemption, and the valuation of the main relief and payment of court-fee thereon as required by section 7(ix), court-fees act, would cover also an incidental relief in regard to surplus profits. ..... section 6 (2) of the malabar compensation for tenants' improvements act (i[1] of 1900) expressly recognises the right of the jenmi to set off arrears of rent due to him from the kanomdar against the kanom amount and the .....

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Sep 08 2000 (HC)

M/S. Thiru Muruga Finance Rep. by Its Partner Sri V. Thirunavukkarasu, ...

Court : Chennai

Reported in : 2000(2)CTC609

..... a firm;(iii) amounts received from a scheduled bank or a co-operative bank or any other banking company as defined in clause (c) of section 5 of the banking regulation act, 1949 (10 of 1949);(iv) any amount received from,-(a) the development bank,(b) a state financial corporation,(c) any financial institution specified in or under section 6a of the industrial development bank of india act, 1964 (18 of 1964), or(d) any other institution that may be specified by the bank in this behalf;(v) amounts received in the ordinary course of business, by ..... firm or an association of individuals not being a body corporate, registered under any enactment relating to money lending which is for the time being in force in any state; andp2(vii) any amount received by way of subscriptions in respect of a chit.explanation i: 'chit' has the meaning assigned to it in clause (b) of section 2 of the chit funds act, 1982 (40 of 1982).explanation ii: any credit given by a seller to a buyer on the sale of any property (whether movable or immovable) shall not be deemed to ..... upon the other enactments cannot take away the power of legislature consid-ering the scheme of the act further, the state of tamil nadu had obtained the assent of the president under article 254 sub clause (2) of the constitution of india the statute in question is within the compe-tence of the state legislature;(ii) reserve bank of india act is only to regulate the monetary stability in india and deals with various monetary systems and .....

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Oct 15 1996 (HC)

Maruthi Agencies, Represented by Its Proprietor Vs. the State of Tamil ...

Court : Chennai

Reported in : (1997)1MLJ589

..... 8180 of 1995 are the agents appointed by the states of mizoram and nagaland to sell the lottery tickets in the state of tamil nadu and remit the amount the respective state treasuries, that the lottery tickets are printed by the state government at its own costs sufficiently in advance with logo/emblem of the state, that the lottery tickets are sold through the sole distributors appointed by the state on condition that the sale proceeds of the tickets shall ..... 2, we have pointed out that as instant lottery falls within the permission already granted and as it is organised by the respective state governments, the tamil nadu state government acted without the authority of law and contrary to the provisions of the constitution in prohibiting the sale of the instant lottery, tickets in question in the state of tamil nadu. ..... section 32(b) expressly provides that nothing in the act shall apply to 'a lottery organised by the central government or a state government', this, as we said, is but a recognition of the prevailing situation under the constitution ..... the constitutional position cannot be altered by an act of the state legislature.....reading and considering articles 73 and 298 together, as they should indeed be read and considered, it is clear that the executive power of a state in the matter of carrying on any trade or business with respect to which the state legislature may not make laws is subject to legislation by parliament but is not subject to the executive power of the union .....

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Oct 01 2007 (HC)

B.N. Devadas Vs. University Grants Commission Rep. by Its Secretary an ...

Court : Chennai

Reported in : 2008(1)CTC644; (2008)3MLJ325

..... likewise, the state of mizoram has also passed the mizoram institute of chartered financial analysts of india university (mizoram) ordinance, 2005 and the meghalaya government has passed the institute of chartered financial analysts of india university act, 2005 with similar provisions enabling the 10th respondent society to establish university.8. ..... and off campus centres of the 11th respondent university is concerned, the same has not been approved by the ugc and it is their case that the private university established under the state act shall operate ordinarily within the boundary of the state concerned and after development of the main campus, in exceptional circumstances, such universities may be permitted to open off campus centres, off shore campuses and study centres after five years ..... in such institutions, nor (2) to university concerned having territorial jurisdiction in the area in which the institutes concerned are situate, to affiliate such institutes, nor (3) to state government of maharashtra to appoint an administrator under maharashtra educational institutions (transfer of management) act 1976 (13 of 1976) such institution(s) situate in maharashtra and it is for the institutions to make appropriate applications to the university/state government concerned, and also dismissing the application regarding 5 year law course in paras 23 and 24 held as follows:23. .....

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Jan 25 2007 (TRI)

Dxn Herbal Manufacturing (India) Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : (2008)110ITD99(Chennai)

..... slaughtering animals, making milk of different grades by pasteurizing, homogenizing, adding vitamin concentrates, standardizing and bottling, or applying process to the original chicken by converting into a dressed or frozen, does not amount to an act of manufacture or production as it does not bring into existence a new commodity.further, the court said the manufacture or produce an article or thing refers to bringing into existence a movable thing or article and construction ..... ambaidas v.cit 1977 ctr (guj) 165 : (1977) 108 itr 136 (guj), the gujarat high court has held in the context of section 41(1) of the it act, 1961 as under: under the circumstances, the amounts of sales-tax collections which the assessee firm was bound to show on the credit side when received and was entitled ..... be held to possess the same identity as the original pineapple fruit.in coming to this conclusion, the court referred to yet another decision from the united states in east texas motor freight lines v.frozen food express (1995) 100 1 ed 917 where the united states supreme court held that dressed and frozen chicken was not a commercially distinct article from the original chicken. ..... states that income under the head profits and gains of the business and profession shall be computed in accordance to the provisions contained in sections 30 to 43d of the act ..... stated "it is also not clear to the exact nature of the liability to be eligible for allowance for deduction as claimed under section 43b of the act .....

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Mar 08 1990 (HC)

Arya Vysia Samajam, Represented by President, S.K. Dhandapani Chettiar ...

Court : Chennai

Reported in : (1990)2MLJ371

..... prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause for nor preferring the appeal or making the application within such period.section 29(2) of the indian limitation act reads as follows:where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed therefor by the first schedule, the provisions of ..... (lease and rent control) rules, 1974 is applicable, for impleading the legal representatives in revision pending under section 25 of the tamil nadu buildings (lease and rent control) act 1960 before the high court, and in that connection it was held that a revision petition filed against the order of the appellate authority under section 25 of the tamil nadu ..... lease and rent control) rules, 1974, hereinafter referred to as the rules, framed pursuant to the power conferred by section 34 of the tamil nadu buildings (lease and rent control) act 18 of 1960, hereinafter referred to as the act, the time limit for taking steps is 30 days either from the date of the demise of the person concerned or from the date of having knowledge of such demise. ..... in the proviso to section 25(2) of the act it is stated that if the revision is filed beyond one month from the date of the order of the appellate authority, the high court may in its discretion ..... it may be stated that the applicability of section 5 of the limitation act to revision under section 25 of act 18 of 1960 has not .....

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