Judgment Search Results Home > Cases Phrase: tax on lotteries act 2004 chapter vii miscellaneous Page 1 of about 343 results (0.048 seconds)

State of Uttar Pradesh and ors. Vs. Mukhtar Singh and ors.

Court : Allahabad

Reported in : AIR1957All505

..... be justified in taking except under the impugned order, but the unsuccessful party cannot be permitted to take action which is illegal according to the impugned order.permitting a defeated party to act as if the impugned order had not been passed at all does not come within the scope of the words 'give such other direction respecting the subject-matter of the appeal' in clause (d). ..... pertaining to appeals'', 'as to the entertainment of appeals under sub-clause (c) of clause (1) of article 134', 'as to stay of proceedings' and as to other matters relating to the practice and procedure of the court chapter xii of the supreme court rules, 1950, made by the supreme court in exercise of these powers, contain rules regarding 'civil appeals' on certificate by a high court. ..... that article 226 extends 'the ordinary original civil jurisdiction'' so as to include the hearing of writs and that writ proceedings are 'proceedings in the nature of a suit'' within the meaning of rule 6 of chapter vii of the rules of court, 1952. ..... no hesitation in holding that a proceeding under article 226 is neither a criminal proceeding nor a miscellaneous proceeding, like matrimonial, testamentary or admiralty.they observed at p. ..... the state : air1951pat29 , and other cases under the sales tax and income-tax acts in which the opinion given by the high court was not held ..... , a petition, for the issue of a writ, direction or order under article 226 in a criminal matter is to be registered as criminal miscellaneous case. .....

M. Babu Rao and ors. Vs. Deputy Registrar of Co-operative Societies/Of ...

Court : Andhra Pradesh

Reported in : 2005(4)ALD582; 2005(4)ALT327; [2005]126CompCas708(AP); [2005]63SCL339(AP)

..... and privileges, properties and funds and substantive and procedural provisions relating to audit, inquiry, inspection and surcharge in relation to a society; chapter vii includes provisions regarding settlement of disputes and section 61 in this chapter is one of the provisions which confers arbitral power for recovery of dues of a cooperative society; chapters ix, xi and xii contain provisions relating to winding-up and cancellation of registration of a society, to appeal, revision and review and offences ..... this chapter incorporate provisions relating to winding up, sanctioning a scheme of compromise or arrangement or of amalgamation or reconstruction of eligible co-operative banks, winding up of such banks if so required by the rbi or for supersession of the committee of management on a direction by the rbi; chapter xiv includes other miscellaneous provisions for effectuating the purposes of the act. ..... the court held that though under entry-45, list-i of the seventh schedule of the government of india act, 1935, a duty of excise was by itself capable of including a tax on the sale goods, since that very tax (on the sale of goods) has been assigned to the provincial legislature under entry-48 of list-i i, the two entries must be reconciled, and each entry read ..... learned single judge of this court by the order dated 11-10-2004 granted interim stay of all further proceedings pursuant to the certificate dated 14-6-2004, on condition that the writ petitioner should deposit half the .....

United India Insurance Co. Ltd. Vs. Kadviben Udabhai Rathwa and anr.

Court : Gujarat

Reported in : IV(2006)ACC345; 2006ACJ2019; AIR2006Guj120; (2006)2GLR1257

..... section 140 corresponding to section 92-a of motor vehicles act, 1939 (chapter vii-a) provides for liability for payment of compensation without fault in cases of death or permanent disability ..... form of application for claims for compensation and the particulars it may contain, and the fees, if any, to be paid in respect of such application;(b) the procedure to be followed by a claims tribunal in holding an inquiry under this chapter;(c) the powers vested in a civil court which may be exercises by a claims tribunal;(d) the form and the manner in which and the fees (if any) on payment of which an appeal may be preferred against an award of a ..... as for example, sections 140 and 161 in case of hit and run motor accident, from the amount of compensation payable under the award on the basis of fault liability under section 168 of the act, the same has expressly been provided for and having regard to the fact that no such procedure for refund or adjustment of compensation has been provided for in relation to the proceedings under section 163-a ..... rule 231 of the gujarat motor vehicles rules, 1989, particularly sub-rule (9) thereof provides that that claims tribunal shall proceed with the application for compensation under section 140 of the act on the basis of -(i) first information report;(ii) inquiry certificate of post mortem report in case of death;(iii) registration certificate of the motor vehicle involved in the accident;(iv) cover note, certificate of insurance or the ..... 2004(2) .....

National Insurance Company Limited, Hubli and Others Vs. Gangadhar and ...

Court : Karnataka Dharwad

..... the heading insurance of motor vehicles against third-party risks given in chapter xi of the motor vehicles act, 1988 (chapter viii of the 1939 act) itself shows the intention of the legislature to make third-party insurance compulsory and to ensure that the victims of accident arising out of use of motor vehicles would be able to get compensation for the death or ..... submission of the learned counsel for the petitioner is accepted, the same would render the proviso to sub-section(4) as well as sub-section (5) of section 149 of the act otiose, nor can any effective meaning be attributed to the liability clause of the insurance company contained in sub-section (1) of section 149. ..... (prayer: this miscellaneous first appeal filed under section 30(1) of workmens compensation act, 1923, against the judgment and order dated 27.11.2008 passed in wca/nf-12/2008 on the file of the labour officer and commissioner for workmens compensation, sub-division-ii, hubli, awarding compensation of ..... , (2004) 3 scc 297, a three judge bench, has while considering the contention of the insurer that no liability is covered if the driver is found driving of a vehicle without a licence or a fake licence, with reference to sub-section (4) section 149 of the mv act, it was held thus: (the) proviso appended to sub-section (4) of section 149 is referable only to sub-section (2) of section 149 of the act. ..... (vii) vehicles or trailers fitted with equipments like rig, generator ..... (vii) power tiller and tractors using .....

Shree Rama Multi-tech Ltd. and anr. Vs. Asset Reconstruction Company ( ...

Court : Gujarat

Reported in : (2007)2GLR1230

..... suggested by the petitioners would lead to incongruous situation whereby on one hand the bank or financial institution would be required to atleast temporarily defer the proceedings under section 17 of the act of 1993 in order to pursue its remedies under the act of 2004, and thereafter, to bring about a situation whereby the bank or financial institution would not be in a position to recover its debts against the borrower through the machinery of ..... . dena bank through authorised officer (supra) wherein learned single judge turned down the contention regarding the election of remedies even after the amendments in the act of 1993 were made by the amending act of 2004.10.4 it was further pointed out that in the case of petitioners also in the earlier round of litigation, learned single judge of this court in the order ..... and reasons for introduction of bill which ultimately culminated into the amending act of 2004 reads as follows:chapter iii of the ordinance amends the recovery of debts to banks and financial institutions act so as to enable the bank or financial institution to withdraw with the permission of the debts recovery tribunal, the application made to it and thereafter take action under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002. 37 ..... ?(vii) whether the principle of lender's liability has been absolutely ignored while enacting the act and its effect?18.5 in paragraph 34 of the decision, following observations have .....

Mangesh Janardhan Mohite (President) and ors. Vs. State of Maharashtra ...

Court : Mumbai

Reported in : 2002(3)ALLMR660; 2002(5)BomCR653

..... building or both under a lease or licence, then to acquire the right or interest of such owner or person in or over such building or land or both as lessee or licensee together with the existing building thereon (hereinafter in this chapter referred to as 'the land'), in the interest of its better preservation or for reconstruction of a new building in lieu of the old one and intimate their willingness to pay the amount of such acquisition as may be determined under the ..... capable of being repaired or rendered fit for habitation at reasonable expense and is dangerous or injurious to the health or safety of the inhabitants thereof or, where the bombay corporation has under section 354-r of the corporation act passed a resolution declaring the area in which any such building is situated as the clearance area, the board may submit to the state government a proposal to acquire the land, including a proposal for issue of a ..... any of the occupant to vacate the premises as provided in sub-section (1), on being approached by the holder of such no objection certificate for eviction of such occupiers, it would be competent for the board, notwithstanding anything contained in chapters vi and vii of this act, to effect summary eviction of such occupiers. ..... and other miscellaneous expenses which cannot be ..... to be spent for payment of the award amount and taxes for the last 12 years and provision for transit camp ..... 2004. ..... reconstruction programme from the year 1998-99 upto the year 2002 to 2004, i.e. .....

S.B.P. and Co. Vs. Patel Engineering Ltd. and anr.

Court : Supreme Court of India

Reported in : AIR2006SC450; 2006(1)ALD10(SC); 2005(3)ARBLR285(SC); 2006(1)AWC538(SC); 2006(1)BomCR585; [2005]128CompCas465(SC); (2006)2CompLJ7(SC); 2005(5)CTC302; (2006)3GLR2097; [2006(1

..... own jurisdiction, if the arbitration agreement so provides, however, subject to final determination by a competent court.the court stated:'as explained earlier the scheme that emerges on a combined reading of sections 3 and 7 of the foreign awards act clearly contemplates that questions of existence, validity or effect (scope) of the arbitration agreement itself, in cases where such agreement is wide enough to include within its ambit such questions, may be decided by the arbitrators initially ..... scheme framed by the chief justice of india known as 'the appointment of arbitrators by the chief justice of india scheme, 1996'.discussing the statement of objects and reasons and considering the relevant provisions of the act, the court held that the only function the chief justice or his designate was required to perform was to fill the gap left by a party to the arbitration agreement or two arbitrators appointed by the ..... . chapters vii, viii and ix provide for 'recourse against arbitral award', 'finality and enforcement of arbitral awards' and ..... . considering the question as to extent to which the powers of statutory tribunals are 'exclusive', the constitution bench after referring to commissioner of income tax, stated:'it is manifest that the answer to the question as to whether any particular case falls under the first or the second of the above categories would depend on the purpose of the statute and its ..... chapter x deals with miscellaneous ..... 3205/2004, 14033-14034/2004, 21272- .....

Sri. L. Ramareddy Vs. The State Of Karnataka

Court : Karnataka

..... x x x140 thus, in our view, reading of section 11-a of the land acquisition act into chapter vii of the mrtp act will render the substantive provisions of the state act ineffective, unworkable and may frustrate the object of the act materially. ..... into a greater number of such places; (v) such alterations of a building as affect an alteration of its drainage or sanitary arrangements, or materially affect its security; (vi) the addition of any rooms, buildings, houses or other structures to any building; and (vii) the construction in a wall adjoining any street or land not belonging to the owner of the wall, or a door opening on to such street or land; the definitions aforestated clearly show that they were given a very wide meaning ..... part viii pertained to miscellaneous provisions. ..... 17(5) of the bda act, within 30 days from the date of publication of such notification in the official gazette, the authority shall serve a notice on every person whose name appears in the assessment list of the local authority or the land revenue register as being primarily liable to pay the property tax or land revenue assessment on any building or land which is proposed to be acquired in executing the scheme or in regard to which the authority proposes to recover betterment tax and to issue ..... the appellants submissions are as under: the notification under sections 17(1) and (3) of the act was issued and gazetted on 3-2-2003 and the declaration under section 19(1) was issued and published on 23-2- 2004. .....

National Insurance Co Ltd Vs. Gangadhar S/O Basavanneppa Akki

Court : Karnataka Dharwad

..... dinesh m kulakarni, advocate for respondent no.1 service of notice on respondent no.2 is held sufficient vide order dated 17.10.2011) this miscellaneous first appeal filed under section 30(1) of workmen s compensation act, 1923, against the judgment and order dated 27.11.2008 passed in wca/nf-12/2008 on the file of the labour officer and commissioner for workmen s compensation, sub-division-ii, hubli, awarding compensation of ..... gunjalli, advocate for respondent no.3 vide order dated 21.11.2014 notice to respondent no.2 is dispensed with) ***** this miscellaneous first appeal filed under section 173(1) of motor vehicle act, 1988, against the judgment and award dated 07.01.2010 passed in mvc no.412/2008 on the file of ..... the heading insurance of motor vehicles against third-party risks given in chapter xi of the motor vehicles act, 1988 (chapter viii of the 1939 act) itself shows the intention of the legislature to make third-party insurance compulsory and to ensure that the victims of accident arising out of use of motor vehicles would be able to ..... 2004) 3 scc297 a three judge bench, has while considering the contention of the insurer that no liability is covered if the driver is found driving of a vehicle without a licence or a fake licence, with reference to sub-section (4) of section 149 of the mv act, it was held thus : (the) proviso appended to sub-section (4) of section 149 is referable only to sub-section (2) of section 149 of the act ..... (vii) vehicles or trailers fitted ..... (vii) .....

Sri S Hareesh Vs. The State of Karnataka

Court : Karnataka

..... in our view, reading of section 11- a of the land acquisition act into chapter vii of the mrtp act will render the substantive provisions of the state act ineffective, unworkable and may frustrate the object of the act materially. ..... has not been paid the said proceedings shall be deemed to have lapsed and the appropriate government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this act: provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition ..... , despite the award having been made, compensation amount not having been paid and physical possession of the land in question not having been taken by the state, the conditions stipulated under section 24(2) of 2013 act would squarely apply and therefore, petitioners are entitled to relief under that provision inasmuch as this court may declare that the acquisition is deemed to have lapsed - 46 - and if at all the appropriate government chooses, ..... viii pertained to miscellaneous provisions. ..... [(2004) 7 scc673, while considering rajasthan sales tax/central sales tax exemption scheme for industries, 1998, pursuant to the fourth new industrial policy on grant of such an exemption and thereafter issuance of corrigendum, which was assailed on the premise that the - 209 - exemption granted was affected .....