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Judgment Search Results Home > Cases Phrase: tamil nadu panchayats second amendment act 2005 Page 6 of about 9,121 results (0.196 seconds)

Oct 18 1989 (HC)

Park View Enterprises Vs. State Government of Tamil Nadu

Court : Chennai

Reported in : [1991]189ITR192(Mad)

..... 5(i) as amended by tamil nadu act 38 of 1987 is one of the articles which deals with certain kind of agreements which are now made chargeable to stamp duty and also compulsorily registrable under s. ..... . section 47a introduced by tamil nadu act 24 of 1967 and amended by t. n ..... come for registration, they must be kept pending and copies of them to be sent to the inspector-general of registration, and that the deputy inspector-general of registration will inspect the properties and decide whether it comes under amendment act 38 of 1987 and he will find whether there has been any suppression of facts relating to the consideration of market value as required under sec ..... , which could be of noassistance for holding that the tamil nadu legislature did not have the competence to make these amendments, because it was held therein :"..... ..... petitioners, because they initially proceeded on the basis that article 5(i) deals with the transfer of interest in immovable property and, therefore, unless the property is in existence, it could not form the subject matter of an instrument of transfer; and secondly on the plea that this impugned article should have found its place under article 23, and if it is so, a future property cannot be transferred ..... . this is not a case, as held in gram panchayat jamalpur v ..... 254(2), in view of the decision in jamalpur gram panchayat v. .....

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Apr 26 2012 (HC)

Tamilnadu Petroproducts Limited. Vs. the Deputy Commissioner (Ct) and ...

Court : Chennai

..... the eligibility certificate no.8/x/d/d, dated 28.12.2009 and quash paragraph 5.3 of the said eligibility certificate issued by the second respondent as contrary to the scheme of deferral available to new industry, which is an independent diversification industry, apart from being ultra vires the notification no.ii(1)/ctre/157/91 (g.o.p.no.396), dated 10.9.1991 issued under section 17-a of the tamil nadu general sales tax act, 1959 and the notification no.ii(1)/ctre/210/92 (g.o.ms.no.376), dated 27.10.1992 issued under section 9(2) of the central ..... the petitioner company is an assessee under the tamil nadu general sales tax and is coming within the jurisdiction of the deputy commissioner (commercial tax), fast track assessment circle-ii, chennai.2the petitioner company had availed ifst deferral scheme under ..... specified includes the intended seekers of such concession to get the eligibility certificate from the state industries promotion corporation of tamil nadu limited (for short sipcot). ..... accordingly, the revised eligibility certificate amended the stipulated bpv of 42999 mt and bsv rs.17491 lakhs per half ..... having availed the concession for deferring the payment of sales tax for the period from 1.3.1995 - 31.3.1995 to 1.4.2004 - 28.2.2005 for a period of 10 years, has to repay the tax in addition to the existing tax starting from 1.3.2005 31.3.2005 till 1.4.2014 31.3.2015. ..... what was exempted under the act and the rules was payment of tax by a class of dealers who had been issued .....

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Dec 20 2011 (HC)

A.Natarajan and ors. Vs. Assistant Director (Quality Control)

Court : Chennai

..... decision of this court in viswanathan arose under the tamil nadu patta pass book act and this court found fault with the appellate authority viz ..... after charges are framed in terms of the statutory rules such as rule 17(b) of the tamil nadu civil servants (discipline and appeal) rules, which are issued in terms of the proviso under article 311 of the constitution, there is no scope for issuing ..... of his contention that no enquiry can be held on vague charges, the learned counsel relied upon the following decisions:- (i) state of tamil nadu vs. ..... though the first writ petition is stated to be filed by 6 persons, the second writ petition by 7 persons and the third writ petition by one person, their identities are not distinct and ..... thereafter, they had the prayer amended, so as to seek the quashing of the communication dated 21.9.2011 issued by the commissioner. ..... be borne in mind that under section 3 of the essential commodities act, 1955, the central government promulgated the fertiliser control order 1985. ..... non-issuance of amendment in authorization letter within the stipulated period ..... exercise of the powers conferred by section 3 of the essential commodities act, 1955, the central government made the fertilizer (control) order 1985 ..... the second proviso to sub- clause (2) makes it clear that if no final order is passed within the period of stipulation, the interim suspension shall be deemed to have been revoked without prejudice to any further action ..... of commercial taxes {2005 writ lr 234}. .....

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Feb 16 2012 (HC)

Ms.Adiyaman Textiles Ltd Vs. the Commercial Tax Officer

Court : Chennai

..... commercial tax officer reported in (2005) 2 scc 575 and in paragraphs 21 and 22 it was held as follows: 21.section 17-a of the tamil nadu general sales tax act confers power on the state government to notify deferred payment of tax for certain ..... 226 of the constitution of india praying for the issue of a writ of certiorari to call for the impugned proceedings of the first respondent passed in tngst/3301735/2004-05, dated 31.7.2007, tngst/3301735/2005-06, dated 29.06.2007, tngst/3301735/2005-06, dated 01.09.2008 and tngst/3301735/2006 upto december 2006, dated 01.09.2008 and quash the same insofar as assessing the turnover of rs.1,04,04,972/-, rs.1,37,55,402/-, rs.6,89,94,769/- and 88,68,086/- respectively at 2% ..... director situated at kaveripattinam, krishnagiri district.3.in the first two writ petitions, the challenge is to the assessment orders issued in form 19 of the tamil nadu general sales tax act, dated 31.7.2007 and 29.6.2007 respectively. ..... respondents in the first two writ petitions, it was contended that the petitioner mill had obtained the eligibility certificate under the interest free sales tax deferral scheme from the second respondent sipcot on 14.11.1997 and thereafter, they entered into an agreement with the assistant commissioner (ct), dharmapuri on 8.1.1998. ..... certificate as well as an agreement entered into with the commercial tax department did not stipulate any condition that whenever additional spindles were employed, the eligibility certificate will get amended. .....

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Sep 29 2006 (HC)

K. Marappan Vs. the Deputy Registrar of Co-operative Societies and the ...

Court : Chennai

Reported in : [2006]134CompCas204(Mad); 2006(4)CTC689; 2006(4)KLT667; (2006)4MLJ641

..... thus, the question which falls for our consideration is as to whether a co-operative society registered under the tamil nadu co-operative societies act, 1983 (hereinafter for the sake of brevity referred to as the 'act') is a private body or falls within the definition of the 'state' or ' local' or 'other authorities' under the control of the government ..... 4learned counsel for the appellant strenuously argued that the provisions of the tamil nadu co-operative societies act clearly show the deep and pervasive control in the government and registrar over the ..... section 12 of the act confers power on the registrar to amend the bye-laws of the society, if he is satisfied that for the purpose of altering the area of operation of a registered society or for the purpose of improving the services rendered by it or for any other purpose not specified in the rules, an amendment of the bye-laws is necessary.section 14 confers power upon the registrar to divide the society into one or more societies or to amalgamate two or more societies into one ..... } doubting the five-judge bench decision, by order dated 9.8.2005, referred the following question to be decided by a larger bench.whether the decision of the five-judge bench of this court in m ..... that as it may, giving loans is not financial assistance contemplated by the second test. ..... a writ will lie against a co-operative society falling under the first category, no writ will lie against a co-operative society, which falls under the second category. .....

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Nov 25 1994 (SC)

Goodricke Group Ltd. and ors. Vs. State of W.B. and ors.

Court : Supreme Court of India

Reported in : 1995(50)ECC138; JT1994(7)SC577; 1994(4)SCALE1138; 1995Supp(1)SCC707; [1994]Supp6SCR120; [1995]98STC32(SC)

..... validity of the levy of education cess and rural employment cess created by the west bengal taxation laws (second amendment) act, 1989 is called in question in these writ petitions preferred by several the estates in west bengal.legislative ..... bengal legislature intervened to remedy the situation and enacted the west bengal taxation laws (second amendment) act, 1989, impugned herein.6. ..... the first and the main submission of the learned counsel for the petitioners in all its facets runs thus: the levy created by sections 2 and 3 of the impugned amendment act is not a tax on lands and buildings within the meaning of entry 49 of list-ii of the seventh schedule to the constitution and is, therefore, beyond the competence of the state legislature; for being a tax on land, the ..... bombay 1940 bom 48, property tax was levied @ 10% on the annual letting value of lands and buildings by the bombay finance '(amendment) act, 1939, the levy was impugned as ultra vires the provincial legislature on he ground that it was in truth a, tax on income or on the capital ..... the defect pointed out in buxa dooars still continues under the impugned amendment act inasmuch as all that the impugned act does is to levy the cess on production of green leaves instead of on despatches (as was done by the ..... india cement dealt with a levy under sections 115 of the madras as panchayats act which imposed a local cess @ 45 paise on every rupees of land revenue payable to the government in respect of land ..... of tamil nadu and .....

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Jun 29 2012 (HC)

P.Jayaprakash Vs. the Regional Transport Officer

Court : Chennai

..... tamil nadu act 13 of 1974 after section 15 of the principal act on 18.08.1986 by way of an amendment in tamil nadu motor vehicles taxation (amendment) act ..... respondent would submit that the non-usage of the vehicle on road was not established by field verification and therefore, the liability for payment of tax under section 3 of the tamil nadu motor vehicles taxation act, 1974 arises and hence, a notice of demand to collect the tax for the period from 01.08.1996 onwards with appropriate penalty was issued to the petitioner vide memo no.63205 ..... by him before the secretary, regional transport authority, trichy seeking permission to stop the vehicle as required under section 172(6) of the tamil nadu motor vehicles rule, 1989, the petitioner has categorically furnished the place of stoppage as 14, williams road, trichy in column no.5 of ..... to 29.01.1997 rs.25/- ch.no.4622dated 09.01.97/st/trichy(g) in all the applications filed by the petitioner before the secretary/regional transport authority/tiruchirappalli seeking permission to stop the vehicle as required under rule 172(6) of the tamil nadu motor vehicles rules,1989, the petitioner has categorically furnished the place of stoppage as 14, williams road, tiruchirappalli in column no.5 of the form s.p.r. ..... the period of 01.10.1996 to 31.12.1996, a sum of rs.55,500/- with penalty of rs.55,500/- totalling to rs.1,10,000/-, in all, amount totalling to rs.1,85,000/- and also stated that already a show cause notice was issued on 20.06.2005. .....

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Apr 15 2009 (SC)

G. Sekar Vs. Geetha and ors.

Court : Supreme Court of India

Reported in : AIR2009SC2649; 2009(3)AWC2740(SC); 2009(57)BLJR2083; 2009(6)BomCR413; 2010(I)OLR(SC)452; 2009(5)SCALE559; (2009)6SCC99; 2009(6)LC2774(SC); 2009AIRSCW4075

..... effect of the amendment in the hindu succession act, 1956 (for short 'the act') by reason of the hindu succession (amendment) act, 2005 (for short 'the 2005 act') insofar as therein section 23 has been omitted is the ..... the contention raised therein that the provisions of the amendment act, 2005 will have no application as the succession had opened in 1989 ..... in 1989, evidently, the provisions of amendment act, 2005 would have no application. ..... learned counsel would, in support of the appeal, raise the following contentions:(i) the high court committed a serious error in passing the impugned judgment insofar as it failed to take into consideration that the amendment carried out in the act by reason of the 2005 act is only prospective in nature, as would be evident from the report of the law commission as also the statement of objects and reasons thereof and, thus, the impugned judgment is liable to be ..... conferred equal right in the matter of succession and inheritance with that of the male heirs.section 8 of the act reads as under:8 - general rules of succession in the case of malesthe property of a male hindu dying intestate shall devolve according to the provisions of this chapter--(a) firstly, upon the heirs, being the relatives specified in class i of the schedule;(b) secondly, if there is no heir of class i, then upon the heirs, being the relatives specified in class ii ..... used to talk to me in tamil, i drafted the will in tamil. ..... instructed me that the will should be in tamil only. .....

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Nov 20 2007 (HC)

Angammal and Vs. C. Sellamuthu and

Court : Chennai

Reported in : (2008)1MLJ560

..... he would further submit that even under the tamil nadu act, under section 29a(iv), the effect of the said provision has been taken away in respect of daughters married before the commencement of hindu succession [tamil nadu amendment] act 1989 which came into force from 25.3.1989 and therefore, according to him, even if section 29a of the tamil nadu amendment act is applicable, inasmuch as both the plaintiffs were married in 1965 and 1970 respectively, they have no right equally on par ..... ground of the pious obligation under the hindu law, of such son, grandson or great-grandson to discharge any such debt:provided that in the case of any debt contracted before the commencement of the hindu succession (amendment) act, 2005, nothing contained in this sub-section shall affect-(a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or(b) any alienation made in respect of or in satisfaction of, any ..... the first plaintiff got married in the year 1965 and the second plaintiff in the year 1970 and there was an earlier suit ..... 311 of 1998 before the sub court, erode against the second defendant and his younger sister and chennimalai gounder for declaration in respect of c-schedule property and for partition in respect of a and b schedule properties and a preliminary decree was passed declaring that ..... of plaintiffs' mother pongiammal on 14.4.1998, chennimalai gounder was living with the second plaintiff and the plaintiffs were looking after him. .....

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Jan 16 1991 (HC)

Duvvuru Madhusudhan Reddy Vs. the Election Court and anr.

Court : Andhra Pradesh

Reported in : 1991(1)ALT349

..... similarly, section 12 of the act as substituted by the andhra pradesh gram panchayats (second amendment) act, 1976 provides for a minimum age for standing as a candidate for election as sarpanch in the following terms :-'a person shall not be qualified ..... 16 was amended by the andhra pradesh gram panchayats (amendment) act, 1978 by introducing an additional qualification as regards the minimum age and now it provides that 'no person shall be qualified for election as a member of a gram panchayat unless his ..... act considered by the full bench in goverdhan reddy's case (6 supra) is different from the present section 14 of the act which was substituted in the place of the then section 14 by the andhra pradesh gram panchayats (amendment) act ..... the full bench in goverdhanreddy's case (6 supra) was in respect of a candidate and not a voter; the question was whether the election court constituted under the andhra pradesh gram panchayats act, 1964 could enquire into the age of a candidate in order to find out whether he was not qualified to stand as a candidate as his inclusion in the electoral roll was ..... provides for correction of entries and inclusion of names in electoral roll and under the said rule any person whose name is not included in the electoral roll of a gram panchayat or any person who considers any entry in the electoral roll is erroneous or defective in any particular may apply to the electoral registration officer for the inclusion of his name ..... tamil nadu panchayats act .....

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