Judgment Search Results Home > Cases Phrase: state of nagaland act 1962 Page 24 of about 251 results (0.061 seconds)

Tata Aia Life Insurance Co. Ltd. Vs. Suman Dhingra and Others

Court : Haryana State Consumer Disputes Redressal Commission SCDRC Panchkula

..... observe that while deciding an application filed in such cases for condonation of delay, the court has to keep in mind that the special period of limitation has been prescribed under the consumer protection act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this court was to entertain highly belated petitions filed against the orders ..... observe that while deciding an application filed in such cases for condonation of delay, the court has to keep in mind that the special period of limitation has been prescribed under the consumer protection act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this court was to entertain highly belated petitions filed against the ..... in state of nagaland versus lipokao and others 2005(2) rcr (criminal) 414 the honble supreme court has observed that to get any appeal admitted or to get the delay condoned, it is condition precedent to ..... of 2006), decided on 08.10.2010, in which it was held that the party should show that besides acting bonafide, it had taken all possible steps within its power and control and had approached the court without any ..... dass versus financial commissioner and others, air 1977 supreme court 1221 has held as under:- section 5 of the limitation act is a hard task-master and judicial interpretation has encased it within a narrow compass. .....

Sait Nagjee Purshottam and Co. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1987)(14)ECC47

..... 18-11-1980, the appellants addressed a letter to the assistant collector of customs for appraisement contending, with reference to section 17(4) of the customs act, 1962 (hereinafter referred to as the act), that, immediately on receipt of the test report, the department should have reassessed the goods as enjoined in that section which, however, ..... state of nagaland ..... , in his order dated 26-8-1982, dealing with the merits of the case, stated that, from the case records, he observed that the bill of entry had been assessed finally and that since there was no provision in the act for suo moto refund and there was no claim under section 27 of the customs act under which alone refund could be granted, and on this basis, he rejected ..... tribunal, the revision application was transferred to it in terms of section 131.b of the customs act, 1962, to be disposed of as if it were an appeal filed before the tribunal.2. ..... with -reference to the correspondence from the appellants' consultant, the assistant collector replied on 8-12-1981 stating that the subject bill of entry had been assessed finally and not provisionally as contended and that, therefore, there was ..... (2) when the duty leviable on such goods is assessed finally in accordance with the provisions of this act, then - (a) in the case of goods cleared for home consumption or exportation, the amount paid shall be adjusted against the duty finally assessed and if the amount so paid falls short of, or is in ..... case, briefly stated, are that .....

Swaraj Mazda Limited Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2000)(71)ECC557

..... or 1338) filed for the goods carried on vessel 'state of nagaland'. ..... accept that the provisions of sub-section (2) of section 18 of the customs act, 1962 are in para materia with the provisions of rule 9b(5) and this view would apply equally to finalisation of provisional assessment under the customs act. ..... the claim for refund of duty paid on these has been rejected on the grounds that section 13 of the act will not apply as this is not a case of pilferage and section 23 will not apply because the goods were not examined in the presence of the carrier or its representative and therefore it cannot be shown that ..... reason behind this paragraph of the court's judgment appears to be that the provisions of sub-section (2) of section 11b of the central excise act would only apply to refunds made on a claim filed under sub-section (1) of that section. ..... the question whether by application of sub-section (2) of section 27 of the act refund is to be paid to the appellant or to be credited to consumer welfare ..... we have already stated that the two cases in one of the case referred to were ..... contains the majority view that any refund consequent upon finalisation of provisional of assessment ordered under rule 9-b of the central excise act will not be covered by section 11a of the act. ..... section 13 of the act provides that no duty shall be paid by the importer for such goods by the importer, if they are pilfered after their unloading thereof and before the proper officer has made and order for .....

Sundharavadivel Vs. 1.The District Collector,

Court : Chennai

..... court in state of nagaland v. ..... somewhat different complexion is imparted to the matter where government makes out a case where public interest was shown to have suffered owing to acts of fraud or bad faith on the part of its officers or agents and where the officers were clearly at cross-purposes with it.17. ..... therefore, word "sufficient" embraces no more than that which provides a platitude which when the act done suffices to accomplish the purpose intended in the facts and circumstances existing in a case and duly examined from the view point of a reasonable standard of a ..... thus it becomes plain that the expression "sufficient cause" within the meaning of section 5 of the act or order 22 rule 9 of the code or any other similar provision should receive a liberal construction so as to advance substantial justice when no negligence or inaction or want of bona fide is imputable to ..... true that section 5 of the limitation act envisages explanation of the delay to the satisfaction of the court and in matters of limitation act made no distinction between the state and the citizen. ..... the only guiding principle to be seen is whether a party has acted with reasonable diligence and had not been negligent and callous in the prosecution of ..... , "sufficient cause" means that party had not acted in a negligent manner or there was a want of bona fide on its part in view of the facts and circumstances of a case or the party cannot be alleged to have been "not acting diligently" or "remaining inactive". .....

Commissioner of Income-tax Vs. Mahari and Sons

Court : Guwahati

..... of a scheduled tribe as defined in clause (25) of article 366 of the constitution, residing in any area specified in part i or part ii of the table appended to paragraph 20 of the sixth schedule to the constitution or in the states of nagaland, manipur and tripura or in the union territories of arunachal pradesh and mizoram or in the areas covered by notification no. ..... by the order of the tribunal, the commissioner of income-tax filed an application before the tribunal under section 256(1) of the act and the tribunal, on being satisfied that a question of law did arise out of its order, has referred the aforesaid question ..... of the foregoing discussion, we are of the clear opinion that the benefit of exemption under section 10(26) of the act will be available even in cases where the income accrues not to an individual member of khasi tribe, but to ..... viewed thus, it is difficult to say that the benefit of exemption from income-tax given under section 10(26) of the act to a member of a khasi tribe will cease to be available if such income accrues not to an individual member, but collectively to ..... , issued by the governor of assam under the proviso to sub paragraph (3) of the said paragraph 20 [as it stood immediately before the commencement of the north-eastern areas (reorganisation) act, 1971 (18 of 1971)], any income which accrues or arises to him,-- (a) from any source in the areas, states or union terrotiries aforesaid, or,(b) by way of dividend or interest on securities ;'. 4. .....

Ajit Kumar JaIn and ors. Vs. Ixth Addl. District Judge and ors.

Court : Allahabad

Reported in : 2009(4)AWC3443

..... (all), while dealing with the similar situation wherein the delay in filing the appeal before the commissioner of income tax (appeals) was caused due to the pendency of the application under section 154 of the act has observed as follows:having heard the learned counsel for the parties, we are of the opinion that the commissioner of income tax (appeals) as well as the tribunal has taken pedantic view while considering the ..... the apex court in the case of state of nagaland v. ..... it is not disputed that the order was passed on 31.1.1996 enhancing the rent in favour of the petitioner under section 21(8) of the act and within one month of the passing of the order dated 31.1.1996, the review application was filed on 23.2.1996 and the same was dismissed on 13.5.1998 ..... the mistaken advice given by a legal practitioner may in the circumstances of a particular case give rise to sufficient cause within the meaning of section 5 of the limitation act, though there is certainly no general doctrine which saves parties from the results of wrong advice. ..... thereafter an appeal under section 22 was filed against the order dated 31.1.1996 on 28.5.1998 alongwith an application under section 5 of indian limitation act, 1963 for condoning the delay in filing the appeal under section 22 of the act against the order dated 31.1.1996, which was registered as case no. ..... it is also relevant to note that the appeal under section 22 of the act was filed on 28.5.1998 just within 15 days from the date of order dated 13.5. .....

Union of India (Uoi) Vs. Ratan Lall Adukia and ors.

Court : Kolkata

Reported in : AIR1987Cal311,(1987)1CALLT354(HC),92CWN166

..... of civil procedure, 1908, for resolving the conflict in judicial views on the question whether or not the forum for a suit contemplated by the present section 80 of the indian railways act, 1890 (which, with effect from 1st january, 1962, was substituted by indian railways (amendment) act, 1961) should be determined in terms of the said section and whether section 20 of the civil procedure code, 1908 should be deemed to be no longer applicable to such suits under ..... but the supreme court was also careful enough to add that although an implied repeal was not intended provisions of section 72 of the travancore cochin motor vehicles act represented the latest will of the legislature and will have overriding effect on the earlier provision in the sense that despite the fact that some action had been taken by municipal council ..... hold that by specifying the three courts in which suits for compensation may be instituted, the conveniences of the defendant railways were kept in views and the courts were specified in section 80 of the railways act in order to confine filing of three suits in those courts which would be in near proximity to places of booking, places of occurrence of loss, destruction, damage, etc. ..... ladulal jain, : [1964]3scr624 , affirmed the decision of the assam and nagaland high court and held that the railways can be said to be carrying on business at a place ..... the state of affairs which existed prior to the date of substitution of section 80 of the railways act, etc .....

South India Shipping and Export Co. (Siseco) Vs. Tribal Cooperative Ma ...

Court : Delhi

..... (state of nagaland v. ..... according to the appellant, instead of filing an appeal, as provided under section 37 of the a&c; act, the appellant mistakenly preferred slp bearing no.cc.6080/2010 against the impugned order. ..... along with the appeal, an application under section 5 of the limitation act, 1963 has also been filed for condonation of delay of 433 days in filing the appeal. ..... the appellant impugns the order dated 02.04.2009 passed by the learned single judge, whereby the objections under section 34 of the arbitration & conciliation act, 1996 ('a&c; act') preferred by the appellant were dismissed on the ground that the appellant has not been able to disclose any ground to bring his case under section 34 of the a&c; act.2. ..... section 5 of the limitation act does not say that such discretion can be exercised only if the delay is within a certain limit.5. ..... arumugam 2001 (6) scc 176; state of bihar v. ..... jagdish singh (2010) 8 scc 685; state of karnataka v. y. ..... as stated above, copy of the order passed by the hon'ble supreme court has not been placed on record. .....

Satpal. Vs.State of Haryana, and Another.

Court : Punjab and Haryana

..... in state of nagaland v. ..... the present appeal along with application for condonation of delay of 19 years 45 days was filed by the applicant-appellant before this court on 28.2.2011 stating therein that the appellant was under the bonafide belief that any enhancement that may be awarded in case of other landowners, the same amount would also be awarded to other landowners. ..... briefly, the facts are that vide notification dated 22.8.1988, issued under section 4 of the land acquisition act, 1894 (for short, 'the act'), the state of haryana acquired land in village mewla maharajpur, hadbast no. ..... on reference under section 18 of the act, the learned court below determined the market value of the acquired land @ ` 101/- per square yard vide award dated 14.1.1992. ..... 920 of 1994 horam vs haryana state.7. ..... state of kerala and another, (2007) 2 scc 322, hon'ble the supreme court opined that when mandatory provision is not complied and the delay is not properly, satisfactorily and convincingly explained, the court cannot ..... state of haryana, (1986) 4 scc 151 did not accept the prayer for condonation of delay in filing the appeal because in another case enhancement of compensation for the adjacent land had been made. .....

Ram Giri and Others Vs. the State of Haryana and Others

Court : Punjab and Haryana

..... the record.hon'ble the supreme court in mewa ram (deceased) by his lrs and others vs state of haryana, (1986) 4 scc 151 did not accept the prayer for condonation of delay in filing the appeal because in another case enhancement of compensation for the adjacent land had been made.in state of nagaland vs lipokao and others, (2005) 3 scc 752, hon'ble the supreme court opined that proof ..... land.briefly, the facts of the case are that land measuring 256 acres 3 kanals and 17 marlas in village manesar, tehsil and district gurgaon, was sought to be acquired by the state of haryana for setting up of industrial model township, manesar vide notification issued under section 4 of the land acquisition act, 1894 (for short, 'the act') on 30.4.1994 which was followed by notification under section 6 of the ..... 6515 of 2009 haryana state industrial development corporation vs pran sukh and others.the present appeal along with application for condonation of delay of 2,332 days was filed by the applicants-appellants before this court on 8.4.2011 stating therein that they were not aware of the decision ..... gopinathan pillai vs state of kerala and another, (2007) 2 scc 322, hon'ble the supreme court opined that when mandatory provision is not complied and the delay is not properly, satisfactorily and ..... state of haryana, (1994-2) plr 761 opined that mere pendency of another appeal arising out of same acquisition cannot be held to be sufficient cause for condoning the delay in filing the appeal.keeping in view .....