Skip to content


Judgment Search Results Home > Cases Phrase: taxation laws amendment act 2005 chapter iv repeal and saving Page 9 of about 593 results (0.094 seconds)

Mar 04 2016 (HC)

N. Renuka Devi Vs. E. Lalitha and Another

Court : Chennai

..... submissions of the learned counsel on either side. the hindu marriage act underwent important changes by virtue of the marriage laws (amendment) act, 1976, which came into force with effect from 27.5.1976. under the ordinary law, a child for being treated as legitimate must be born in lawful wedlock. if the marriage itself is void on account of contravention ..... so, especially when the decision on issues even of law depend upon the decision of issues of fact, would result in a lopsided trial of the suit". though there has been a slight amendment in the language of order 14, rule 2, c.p.c., by the amending act, 1976 but the principle enunciated in the above quoted ..... .judah, air 1958 all. 672, which held that contested applications for probate and letters of administration have been classed along with first appeals for the matter of taxation. we are presently going to see that the same high court has taken a different view in a later decision. 9. learned government pleader relied on the .....

Tag this Judgment!

Nov 07 2008 (HC)

Smt. Pulimi Sailaja Reddy Vs. the State of A.P. Rep. by Its Secretary, ...

Court : Andhra Pradesh

Reported in : AIR2009AP59; 2009(1)ALT684

..... constitution and to make these local units to a solidified one, the constitutional provision is made. similarly, part ix was added by way of constitution 73rd amendment act, 1992 in respect of panchayat administration. article 243p is a provision containing the definitions. article 243q contemplates the constitution of the municipalities, which include the municipal ..... the mayor or the deputy mayor who, in their opinion willfully omits or refuses to carry out or disobeys the provisions of this act or any rules, bye-laws, regulations or lawful orders issued thereunder or abuses his position of the powers vested in him.(2) the government shall when they propose to remove the ..... notification in the gazette where it opines that the said incumbent willfully omits or refuses to carry out or disobeys the provisions of the act or rules, bye-laws, regulations or lawful orders issued thereunder or abuses his position of the powers vested in him. the sub-section 2 thereof provides an opportunity to the .....

Tag this Judgment!

Aug 25 2006 (HC)

Coimbatore Stock Exchange Limited Represented by Its Director Ashok Lu ...

Court : Chennai

Reported in : [2007]137CompCas863(Mad); [2007]74SCL1(Mad)

..... where section 5(4) of the taxation on income (investigation commission) act, 1947 was declared discriminatory legislation and meenakshi mills ltd. v. a.v. vishwanatha sastri : [1954]26itr713(sc) , reported in the same volume at p.787 where section 5(1) of the act was struck down after the income tax (amendment) act xxxiii of 1964 was enacted. these ..... 68 must be reasonably construed. it goes without saying that judicial power cannot ordinarily be delegated unless the law expressly or by clear implication permits it. in the present case, the amendment of section 68 by inclusion of delegation of the functions of the commissioner under sections 105b to 105e does ..... -submission of the scheme. the elected directors/members have unilaterally decided to surrender the recognition on behalf of investors without following the due process of law assuming that the surrender would be in the best interest of everybody concerned. sebi, being the regulator of the securities market, has received complaints .....

Tag this Judgment!

Apr 26 2010 (SC)

Amarinder Singh Vs. Special Committee, Punjab Vidhan Sabha and ors.

Court : Supreme Court of India

..... which were available at the time of the enactment of the constitution (forty-fourth) amendment act, 1978. subhash c. kashyap has elaborated on the indian position with these words [in parliamentary procedure - the law, privileges, practice and precedents, vol. 2 (new delhi, universal law publishing co. pvt. ltd., 2000) at p. 1555]:as regards other privileges, ..... such as may from time to time be defined by the legislature by law, and, until so defined, shall be those of that house and of its members and committees immediately before the coming into force of section 26 of the constitution (forty- fourth amendment) act, 1978. (4) the provisions of clauses (1), (2) and ..... said allegations of misconduct (18-12-2007).41. the literal meaning of 'dissolution' is listed in black's law dictionary, 8th edn. [(west group) at p. 506] as 'the act of bringing to an end; termination'. p. ramanatha aiyar, advanced law lexicon, 3rd edn., vol. 2d-i, (wadhwa & co., 2005) furnishes the following definition, at .....

Tag this Judgment!

Aug 06 2009 (SC)

Mohd. Farooq Abdul Gafur and anr.;state of Maharashtra Vs. State of Ma ...

Court : Supreme Court of India

Reported in : JT2009(11)SC47; 2009(11)SCALE327; (2010)14SCC641; 2010AIRSCW2574; 2011(3)SCC(Cri)867

..... we think, however, that the view expressed in that case needs reconsideration. 418. if we analyse section 15, the words which have been added by the amending act, 1993 have to be given proper meaning and if we accept the argument of mr. natarajan these words will be superfluous which would be against the elementary principles ..... is trite to say that the substantive evidence is the evidence of identification in court. apart from the clear provisions of section 9 of the evidence act, the position in law is well settled by a catena of decisions of this court. the facts, which establish the identity of the accused persons, are relevant under section ..... dataram vaidya ii) shri nischal krishna choudhari iii) shri vinay naryan akre in equal shares. this is without prejudice to their right to recover compensation at civil law. fifty percent of the amount of total fine if recovered appropriate by state of maharahstra towards defrayal of costs/expenses of the prosecution properly incurred. 30. feeling .....

Tag this Judgment!

May 01 2009 (HC)

Kommisetty Nammalwar and Co. Rep. by Its Proprietor Kommisetty Nammalw ...

Court : Andhra Pradesh

Reported in : 2009(4)ALT431:AIR2009NOC2482(A.P)(F.B).

..... section 4a(2) which provided that out of the enclosures, buildings or localities declared to be market yards before the commencement of the bombay agricultural produce markets (amendment) act 1954, one shall be declared to be the principal market yard for the market area and others, if any, to be one or more sub-market yards ..... if any, to add to, amend, vary or rescind any notifications, orders, rules or by-laws so issued... under section 4a(2) government can by issuing notifications from time to time alter the principal market yards which have been set up and which did not exist before the passing of the amending act.we agree. any other construction ..... trading in 'ghee'. the market committees concerned are empowered to implement the provisions of the act for the benefit of the agriculturists in the area. this enactment is not intended to be a measure of taxation. section 12 of the act provides for levy only for the marketing and other facilities and the market committee provides elimination .....

Tag this Judgment!

Apr 06 2006 (HC)

G. Narasimha Murthy Vs. District Collector and ors.

Court : Andhra Pradesh

Reported in : 2006(3)ALD370; 2006(3)ALT433

..... union of india : [1981]1scr206 , five-judge constitution bench of this court had to consider the validity of certain provisions of the constitution (42nd amendment) act, 1976 which, inter alia, excluded judicial review. the judgment for the majority, delivered by chandrachud cj for four judges, contained the following observations:.our ..... any authority for deciding a dispute. (paras 322 and 323). beg j. held that the power of courts to test the legality or ordinary laws and constitutional amendments against the norms laid down in the constitution flows from the supremacy of the constitution which is a basic feature of the constitution. (para ..... be difference of opinion.' it seems clear, however, that since 'the conception of freedom of trade, commerce and intercourse in a community regulated by law presupposes some degree of restriction upon the individual', that freedom must necessarily be delimited by considerations of social orderliness. in one of the earlier australian decisions .....

Tag this Judgment!

Mar 03 2009 (SC)

U.P. Power Corporation Ltd. Vs. National thermal Power Corporation Ltd ...

Court : Supreme Court of India

Reported in : 2009LC(SC)13; JT2009(3)SC462; 2009(3)SCALE620; (2009)6SCC235; 2009(2)LC966(SC); 2009AIRSCW5869

..... is also conferred by a statute. the purpose of creation of tdsat has expressly been stated by parliament in the amending act of 2000. tdsat, thus, failed to take into consideration the amplitude of its jurisdiction and thus misdirected itself in law. 54. for the reasons aforementioned, the appeals are allowed with costs. counsel's fee assessed at rs. 50, ..... the power to grant or refuse to grant the licence or to require taking out a licence and may also include the power to tax or exempt from taxation. it implies a power to prescribe and enforce all such proper and reasonable rules and regulations as may be deemed necessary to conduct the business in a proper ..... do not restrict the power of the central commission to make additions or alterations in the tariff. making of a tariff is a continuous process. it can be amended or altered by the central commission, if any occasion arises therefor. the said power can be exercised not only on an application filed by the generating companies but .....

Tag this Judgment!

Jun 22 2012 (HC)

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

..... ii read with entry 42 list iii. in the case of jilubhai (supra) the supreme court also held that the bombay land revenue code and land tenure abolition laws (gujarat amendment) act 8 of 1982 fell within entries 18 and 23 of list ii read with entry 42 of list iii.491. in entry 18 of list ii the rights have ..... jilubhai nanbhani khachar vs. state of gujarat reported in (1995) supp. 1 scc 596 the supreme court held that the bombay land revenue code and land tenure abolition laws (gujarat amendment) act 8 of 1982 fell within entries 18 and 23 of list ii read with entry 42 of list iii.59. he further submitted that when the legislature (parliament and ..... article to the citizen of india whose rights are being affected by any acquisition procedure. after the 44th amendment act, 1978 of the constitution, the article 300-a provides that no person shall be deprived of his property save by authority of law.270. he further submitted that the judgment in state of bihar vs. kameshwar singh (supra) was cited .....

Tag this Judgment!

Mar 22 2005 (HC)

M.S. Associates, Vs. Union of India (Uoi) and ors.

Court : Guwahati

Reported in : (2005)196CTR(Gau)318,[2005]275ITR502(Gauhati)

..... constitution against the union of india and other instrumentalities of the union government located in delhi. to remedy this situation, clause (1a) was inserted by the 15th amendment act, 1963, conferring thereby on the high court's jurisdiction to entertain a petition under article 226 against the union of india or any other body or authority, ..... be such as may from time to time be defined by the legislature by law, and, until so defined, shall be those of that house and of its members and committees immediately before the coming into force of section 26 of the constitution (forty-fourth amendment) act, 1978.(4) the provisions of clauses (1), (2) and (3) ..... known fact of our economic life that huge sums of unaccounted money are in circulation endangering its very fabric. in a country which has adopted high rates of taxation a major portion of the unaccounted money should normally fill the government coffers. instead of doing so it distorts the economy. therefore, in the interest of the .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //