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Madhulata Kankani and ors. Vs. Kolkata Municipal Corporation and ors.

Court : Kolkata

Reported in : (2008)2CALLT175(HC)

..... first proviso empower the corporation to levy an annual fee for supplying water, on the owner or the occupier of, or on the person liable to pay property tax on, any house to which such supply of wholesome water is made.12. in view of the provisions in section 234a, the owner of a part or ..... obligation, even after it was requested to do that; and hence the writ petition seeking mandamus for the purpose is maintainable. the provisions of the kolkata municipal corporation act, 1980 sufficiently empower the corporation to deal with trouble making landlords such as the trustees for the eighth respondent. in any case, since by several interim orders ..... approach the writ court seeking the reliefs for which the writ petition was filed. besides, the jurisdiction of the controller under provisions of the west bengal premises tenancy act, 1997 is only over a landlord and tenant dispute. hence, when the petitioners are alleging failure on the part of the corporation to discharge its statutory duties .....

Dr. (Km.) Archana Gupta Vs. Joint Director of Education, Bareilly and ...

Court : Allahabad

Reported in : 2002(3)AWC2100; (2002)3UPLBEC2213

..... smt. vimla mehrotra.13. regulation 3 of chapter ii of the regulations made under the u. p. intermediate education act. 1921, regulate the seniority of teachers in a educational institution. regulation 3 is quoted as below :.'3. (1) the committee of management of every institution shall ..... of super annuation in january, 1994.(viii) on 31.3.1995, regional deputy director of education passed order regularising petitioner's services under section 33b of the act effective from 7.8.1993 and ;(ix) on 16.10.1995 the commission approved the proposal of committee of managementdated 13.1.1992 to terminate services of ..... 4. in the meantime, the matter regarding regularisation of petitioner's services under section 33b of the u. p. secondary education services commission and selection board's act, 1982, came up for consideration, and that by order dated 31.1.1995 petitioner was regularised as lecturer (civics) in pursuance of notification dated 9.6.1993 .....

Municipal Corporation of Greater Bombay Vs. Nagpal Printing Mills and ...

Court : Supreme Court of India

Reported in : AIR1988SC1009; (1988)90BOMLR189; JT1988(2)SC11; 1988(1)SCALE625; (1988)2SCC466; [1988]3SCR274; 1988(1)LC689(SC)

..... , fixtures or services rendered by the corporation under chapter x and shall by such rules determine-(i) x x x(ii) a water charge in lieu of a water tax, based on a measurement of estimated measurement of the quantity of water supplied;....sections 276 and 277 provide as follows:276.(1) where water is supplied by measurement, the ..... greater bombay became effective from 1st april, 1976. these rules were framed in exercise of the powers given by sections 169 and 276 of the bombay municipal corporation act, 1888 (hereinafter called 'the act'). rule iii(d)(i) provides as follows:(d)(i) in case of industries for which a quota of water has been fixed, if the recorded or ..... bench.5. it was contended that the said rule was ultra vires the rule-making power of the standing committee of the corporation being inconsistent with section 169 of the act. it was further urged that the corporation was, in the meanwhile, not justified in charging on the basis of the quota because it was in no position to .....

Meinhardt Singapore Pte. Ltd. Vs.commissioner of Service Tax, New Delh ...

Court : Delhi

..... excuse. what is evident is that the assessee/appellant withheld the amounts collected from the service recipient as tax liability. as the remitter, assessee/appellant was duty bound to comply with the terms of the finance act and rules, which prescribed not only filing of returns but also periodic deposit of these amounts. the ..... that the appellants realized the invoice amount inclusive of service tax and they have not paid the service tax to the government thereafter, as stipulated by the provisions of finance act, 1994. it is clear that the amount realised from the clients which included the tax, has been used for internal purposes by the appellant ..... disregarding the statutory tax liability to the government. the bonafideness of the appellant cannot be accepted in such an act. financial hardship cannot be pleaded against penal action when the government and .....

Ashok Leyland Limited Vs. Union of India and Others

Court : Mumbai

Reported in : 1986(26)ELT676(Bom)

..... spinning and weaving mills co. v. assistant collector of central excise, ghaziabad. as against this shri hidyatullah relies on : [1970]78itr26(sc) hirdaya narayan v. income tax officer, bareli and a division bench decisions of this court in writ petition no. 174/b/8, dated 2nd august 1984 laukoplast (india) pvt. ltd. v. union ..... orders passed by respondent no. 2 assistant collector, central excise, nagpur (for short, the respondent) under section 11a of the central excise and salt act, 1944, (hereafter the act) directing the petitioners to pay short levied excise duty on the motor vehicles manufactured by them at their bhandra factory.2. the material facts lie within ..... charges' and commission (margin). it is common ground that the superintendent central excise, issued show cause notices to the petitioners under section 11a of the act, claiming that these items also ought to have been included in the assessable value of the goods for levying the correct excise duty. the petitioners submit .....

Smt. Kariyamma and Others Etc. Vs. the Assistant Commissioner and Land ...

Court : Karnataka

Reported in : AIR1993Kant321; 1992(3)KarLJ573

..... did not get the property in question by survivorship. she acquired a right for portion of decree in view of section 8 of the hindu succession act, 1956 (central act no. 30 of 1956). this section regulates succession to the estate of a male hindu dying intestate. because of the provisions contained therein the ..... 1) whether it is mandatory for the legal representative/legal representatives of deceased decree-holder to produce succession certificate as envisaged under section 214 of indian succession act, 1925, in cases where they initiate execution proceedings in the first instance as claiming himself or herself or themselves as legal representatives on succession to the ..... the scope of definition of debt in section 2(m) of wealth-tax act:-- 'there is no conflict on the definition of the word 'debt'. all the decisions agree that the meaning of expression 'debt' may take colour from the provisions of the concerned 'act'. it may have different shades of meaning. but the following definition is .....

Kannan Vishwanath Vs. SICOM Limited

Court : Mumbai

..... are kept open. 6. on 10th january, 2014 the industries, energy and labour department issued a notification under the provisions of maharashtra relief undertakings (special provisions) act declaring dr. datson's lab limited as relief undertaking and that the financial assistance of rs.1,03,81,833 had been provided by the government of maharashtra as ..... sales tax incentives to the said company for the period ending on 9th january, 2015. 7. it is the case of the plaintiff that the corporate debt restructure cell ..... propose any payment to the present defendant. 18. learned counsel submits that even if this court considers that during the lock in period the pledged agreement cannot be acted upon, since the lock in period has expired, defendant has rightly invoked their rights under the said pledge agreement after expiry of lock in period and issued .....

Kariyamma Vs. Assistant Commissioner and Land Acquisition Officer

Court : Karnataka

Reported in : ILR1992KAR2807

..... in respect of the award amount sought to be executed. in kesoram industries v. wealth tax commissioner (central), : [1966]59itr767(sc) the supreme court has observed while dealing with the scope of definition of 'debt' in section 2(m) of wealth tax act:-'there is no conflict on the definition of the word 'debt'. all the decisions agree ..... that the meaning of expression 'debt' may take colour from the provisions of the concerned 'act'. it may have different shades of meaning. but the following definition is unanimously ..... she did not get the property in question by survivorship. she acquired a right for portion of decree in view of section 8 of the hindu succession act, 1956 (central act no. 30 of 1956). this section regulates succession to the estate of a male hindu dying intestate. because of the provisions contained therein the respondent .....

Hinsa Virodhak Sangh Vs. Mirzapur Moti Kuresh Jamat and ors.

Court : Supreme Court of India

Reported in : AIR2008SC1892; 2008(3)BomCR345; (2008)3GLR2501(SC); JT2008(3)SC421; (2008)3MLJ751(SC); RLW2008(4)SC3529; 2008(3)SCALE582; (2008)5SCC33; 2008AIRSCW2117; 2008(5)LH(SC)3277

..... ki-reti are vegetarians.33. it may be mentioned that the impugned resolutions which have been made under section 466(1)(d)(b)of the bombay provincial municipal corporations act, 1949 amount to a piece of delegated legislation. a piece of delegated legislation is also statutory in character and the only limitation on it is that it should ..... tolerant spirit. the emperor declared his policy of suleh-e-kul, which means universal tolerance of all religions and communities. he abolished jeziya in 1564 and the pilgrim tax in 1563 on hindus and permitted his hindu wife to continue to practise her own religion even after their marriage. this is evident from the jodha bai palace in ..... was persuaded to forbid the slaughter of animals for six months in gujarat and to abolish the confiscation of the property of deceased persons, the sujija tax (jeziya) and a sulka (possibly a tax on pilgrims) and to free caged birds and prisoners. he stayed for four years at akbar's court and left for gujarat in 1586. he .....

Paschimbanga Bhumijibi Krishak Samiti and ors. Vs. State of West Benga ...

Court : Kolkata

Reported in : (1996)2CALLT183(HC),100CWN900

..... area) total gross income 10,899 x 2.34 = rs. 25,503.66 net income:-rs. 12,751.83.(deduction of land revenue, agricultural income tax) net income to be made.'moreover area comprising of homestead land, and sometimes a pond used for agricultural purpose and house hold purpose will have to be ..... a citizen. even requisition of a movable or immovable property which caused temporary deprivation requires payment of compensation.88. although there exists a presumption that an act is constitutional and that legislature understands and appreciates needs of the people, but when the law is exfacie discriminatory or arbitrary or violative of any other ..... that there was no distinction between agricultural tenancy and non-agricultural tenancy, thus cannot be accepted. as noticed hereinbefore even in west bengal estate acquisition act also a distinction has been made and even the intermediaries became entitled to retain non-agricultural lands to the extent indicated therein apart from their residential .....