Court : Chennai
Reported in : (1986)1MLJ404
..... , the tamil nadu city municipal corporation act and the tamil nadu town and country planning act, operate in two different spheres, the letter dealing with the development and the use of the land, while the former dealing with regulating the construction of ..... act was passed in the year 1919 repealing the madras city municipal act, 1904, the madras city municipal act (amendment act), 1907, the madras city municipal act (amendment act), 1981 and section 34 of the madras port trust act, 1904, as seen from schedule i to the act. ..... the opinion of the commissioner any building has been constructed or altered otherwise than in accordance with the plans and specifications which have been approved or in contravention of any of the provisions of this act or any rule, by-law, order or 'declaration made under this act, the commissioner may direct the owner of such building to pay by way of penalty a sum not exceeding fifty rupees for every half year or part thereof in respect of every one hundred ..... than in accordance with the plans or particulars on which such permission or order was based, or(c) is being carried on, or has been completed in breach of any of the provisions of this act or of any rule or by-law made under this act or of any direction or requisition lawfully given or made under this act or such rules or by-laws, or(ii) that any alterations required by any notice issued under section 244 have not been duly made, or(iii) that any alteration of, or addition to, any building or any .....
Tag this Judgment!Court : Delhi
..... was in existence at the time of execution of the contract and was thus in contemplation while numaligarh refinery ltds case (supra) dealt with countervailing duty imposed by the customs tariff (amendment) act, 1994 when the contract inter se the parties required all taxes and duties including custom duties to be paid by the party apart from the fact that the actual contract came into ..... having paid the rent as claimed in the plaint, it is apparent that the first defence taken in the preliminary objection no.1 that the tenant was not liable to pay service tax is a defence prohibited by law inasmuch as service tax on commercial rented properties is an indirect tax and the jurisprudence on indirect tax tells us that the primary liability of the landlord to pay the tax to the income tax authorities can ..... exceeding the initial term, covenants with the lessor as follows: (d) to pay all taxes necessary for carrying on its business within the premises, other than municipal taxes and other related property taxes.8) learned counsel for the appellant, conscious of the limitation on the contours of the controversy and the jurisdiction of this court under s. ..... is contrary to the plain reading of the clause.9) a reading of the award shows that various judicial pronouncements were referred to qua the controversy in question including in two suits cs (os) 1016/2008 and cs (os) 1018/2008 decided on 20.10.2010 where it was held that the liability to pay and refund the service tax was of the tenant. .....
Tag this Judgment!Court : Delhi
..... was in existence at the time of execution of the contract and was thus in contemplation while numaligarh refinery ltds case (supra) dealt with countervailing duty imposed by the customs tariff (amendment) act, 1994 when the contract inter se the parties required all taxes and duties including custom duties to be paid by the party apart from the fact that the actual contract came into ..... having paid the rent as claimed in the plaint, it is apparent that the first defence taken in the preliminary objection no.1 that the tenant was not liable to pay service tax is a defence prohibited by law inasmuch as service tax on commercial rented properties is an indirect tax and the jurisprudence on indirect tax tells us that the primary liability of the landlord to pay the tax to the income tax authorities can ..... exceeding the initial term, covenants with the lessor as follows: (d) to pay all taxes necessary for carrying on its business within the premises, other than municipal taxes and other related property taxes.8) learned counsel for the appellant, conscious of the limitation on the contours of the controversy and the jurisdiction of this court under s. ..... is contrary to the plain reading of the clause.9) a reading of the award shows that various judicial pronouncements were referred to qua the controversy in question including in two suits cs (os) 1016/2008 and cs (os) 1018/2008 decided on 20.10.2010 where it was held that the liability to pay and refund the service tax was of the tenant. .....
Tag this Judgment!Court : Chennai
Reported in : (2007)1MLJ50
..... introduced with effect from 10.12.1987 in part-ia to schedule-iv of the act and the matter is remitted back to the assessing authority for fresh disposal and the assessing authority shall pass assessment orders afresh for the period in question after giving an opportunity of hearing to the appellants herein and as per the amended rules contained in part-ia to schedule-iv of the chennai city municipal corporation act, 1919 and in the light of the observations contained herein. ..... of the suit property for the first and second half years of 1977-78 was fixed by limiting the rental value of the extent of rent determinable under fair rent formula laid down in the rent control act; since after 13 years of the assessment it had come to the notice of the defendants that the rental value of the suit property has gone up substantially on account of the occupation of the premises by the state bank ..... the second appeal, the following substantial question of law has been formulated:are not the notices issued under rule-3a dated 17.03.1990 and 10.08.1990 respectively and marked as exhibits a-6 and a-8 are invalid and illegal as the entire part ia of the schedule iv of the madras city municipal corporation act has been amended by g.o.ms. no. ..... defendant had clearly stated in the assessment order that the basis for assessment was the fair rent arrived at, as per the provisions contained in the tamil nadu buildings (lease & rent control) act, 1960 (hereinafter referred to as the rent control act). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC1011; 1996(1)CTC301; (1996)3GLR92; JT1996(1)SC57; 1996(1)KLT169(SC); 1996LabIC919; 1996(1)SCALE85; (1996)3SCC545; [1996]1SCR128; 1996(1)LC626(SC)
..... section 7a of the hindu marriage act introduced an amendment in the state of tamil nadu providing that marriages made between any two hindus in any form solemnised in the presence of relatives, friends or other persons in a simplified form are a valid marriage; and by statutory operation of sub-section (2), such marriages held earlier to the commencement of hindu marriages madras amendment act 1957 are to be regarded as good and valid in law, doing away with any customary practice or usages to ..... even local amendments in section 7a to the hindu marriage act, 1956 like in tamil nadu, removed the rigidity of celebrating the marriages in accordance with shastric prescription like kanyadan and saptapadhi being not mandatory, recognised social marriage ..... had held that for the purpose of entitlement to admission under article 15(4), the identification by the president as a scheduled tribe under article 342(1) subject to the law under article 342(2) as amended by the scheduled caste and scheduled tribes (amendment) act 1976, is conclusive. ..... the tamil nadu act 21 of 1957 came into force with effect from january ..... by 42nd constitution (amendment) act, secularism and socialism were brought in the preamble of the constitution to realise that in a democracy unless all sections of the society are provided facilities and opportunities to participate in political democracy irrespective of caste, religion, ..... when in tamil nadu such marriage is statutorily, valid would it become invalid in other parts .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR3102; 1991(2)KarLJ432
..... duly stamped, the chief controlling revenue authority or any other officer authorised by the state government (hereinafter referred to as the authorised officer) may, within (five years) from the date of commencement of the karnataka stamp (amendment) act, 1980 or the date on which the duty became payable whichever is later, serve notice on the person by whom the duty was payable requiring him to show cause why the proper duty or the amount required ..... ' the court must always remember that 'legislation is directed to practical problems, that the economic mechanism is highly sensitive and complex, that many problems are singular and contingent, that laws are not abstract propositions and do not relate to abstract units and are not to be measured by abstract symmetry' that exact wisdom and nice adoption of remedy are not always possible and that 'judgment is largely a ..... bench of this court dealing with the classification of the different set of persons for the purpose of treating them under section 181a of the wealth tax act, 1957, with reference to the criteria to be construed under article 14 held as follows: 'the two expressions 'equality before the law' and 'equal protection of the law' may mean different things, but the entire concept is, however, fundamentally the same; that is, 'like should be treated alike'. ..... it is their contention that in tamil nadu the employees of the state government as well as the central government were exempted from paying stamp duty on such documents .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR1963; 2005(5)KarLJ1
..... to the learned single judge to decide the writ petition afresh after considering the contention raised by the respondents on the ground of delay and laches in the premises of the norms and principles and the case law governing the delay and laches, the learned single judge was obliged to go into the question of delay and laches and having gone into that question and having not found any satisfactory explanation ..... land was acquired by the state government in exercise of its eminent domain power for a public purpose, to wit, for golf-cum-hotel resort near airport by issuing preliminary notification under section 4(1) of the land acquisition act, 1894 (for short, the act) dated 29-12-1981 and the same was published in the karnataka gazette dated 7-1-1982 and that was followed by final notification under section 6(1) of the ..... acharya would also submit that if the acquisition of the schedule land is allowed to stand, it would tantamount to the court granting an incentive to the state and the beneficiary for their fraudulent acts in diverting the acquired land in favour of respondents 4 and 5, and looking from the angle also, the impugned action is liable to be condemned. ..... two circumstances, always important in such cases, are, the length of the delay and the nature of the acts done during the interval, which might affect either party and cause a balance of justice or injustice in taking the one course or the other, so far as relates to the remedy'.from the above observations of sir .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1961Kant220; AIR1961Mys220
..... . although this article was subsequently substituted by another slightly differently worded articles by the subsequent fourth amendment act of 1955 in which protection to the laws mentioned therein was granted only against inconsistency with or taking away or abridging any of the rights conferred by articles 14, 19 or 31, it is perfectly clear that the parliament was deliberately providing for complete extinguishment of a fundamental right by ..... . the significance of this will be better appreciated if it is noted that the same amendment act introduced a new article 31-a with retrospective effect stating that no law providing for the acquisition of any estate or any rights thereunder or for the extinguishment or modification of any such right shall be deemed to be void on the ground that it is inconsistent with or takes away or abridges any ..... . when the constitution first amendment act was passed, the parliament did not think it fit to transfer article 46 to part iii as a fundamental right but merely engrafted one idea from it as an exception to articles 15 and 29(2) by adding clause (4) to ..... . the constitution first amendment act of 1951 was passed and came into force on the 18th ..... . by section 2 of the said act, a clause was added as the fourth clause to article 15 reading : 'nothing in this article or in clause (2) of article 29 shall prevent the state from making any special provision for the advancement of any socially and educationally backward classes of citizens or .....
Tag this Judgment!Court : Chennai
..... but the 2nd respondent by order dated 29.12.2000, revoked the planning permission and building lincense under section 54(2) of the tamil nadu town and country planning act and under section 365(4) of the madras city municipal corporation act, which is illegal arbitrary, without lawful authority and colorable exercise of powers. 1. ..... 3589 of 2006 in the high court seeking a writ of mandamus to direct the city municipal corporation of chennai and junior engineer/assistant engineer of corporation of chennai to demolish the suit house ..... 2369 of 2001, action has been taken under section 256(3) of the madras city municipal corporation act and notice was served on the plaintiff.2. ..... she did not prefer any appeal or challenge the orders of the collector in any court of law, or before any appropriate forum at any time and the order of the collector became final and conclusive.4 ..... both the petitioner and the third and fourth respondent shall work out their remedies before the competent civil court, no costs.13. ..... this defendant has taken necessary action by due process of law only and all the notices and the orders issued by the defendant are valid ..... hence, it is not correct to state that the order of the revocation is illegal, arbitrary, bereft of lawful authority and amounts to colourable exercise of powers.3. ..... municipal corporation of the city of bombay and ors ..... 935 of 2008 are as follows:4. ..... 935/2008) filed petition for impleadment to the said writ petition and the same was allowed. ..... 935 of 2008.]8. .....
Tag this Judgment!Court : Chennai
Reported in : (2008)3MLJ200
..... union of india : 1979crilj773 another constitution bench surveyed the case-law when tamil nadu public men (criminal misconduct) act, 1973 was challenged as being repugnant to the code of criminal procedure, 1898, prevention of corruption act, 1947 and criminal law (amendment) act, 1952 and laid down the test thus: (1) where the provisions of a central act and a state act in the concurrent list are fully inconsistent and are absolutely irreconcilable, the central act will (italics supplied) prevail and the state ..... act will become void in view of the repugnancy; (2) where, however, a law passed ..... govindarajan, having taken note of the fact that the said tamil nadu amendment act 16 of 1997 has received the assent of the president of india on 14.03.1997, has held that by virtue of the assent obtained from the president subsequent to the amendment act, it cannot be said that no time limit has been stipulated under the principal act and therefore the state act cannot operate against the same.18. .....
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