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i.i.T.T. College of Engineering Vs. State of H.P. and ors.

Court : Supreme Court of India

Reported in : AIR2003SC3629; 2003(4)ALLMR(SC)795; JT2003(7)SC86; 2003(6)SCALE237; (2003)7SCC73; (2003)3UPLBEC2400

..... the administrator. in spite of our repeated query, none of the counsel was able to point out any provision either under the aicte act or the hp education act or university act permitting the authorities to take over the management of institution. however, laudable the objective behind the steps taken by the high court, it ..... act. this contention need not be considered in view of the latest stand taken by ..... secretary to government higher education : [2000]2scr1234 , the university should not have withheld the affiliation inspite of the approval given earlier by aicte. it is contended that the provisions of the aicte act and regulations will prevail over the provisions if any in the university act or state which are inconsistent with the provisions of the former .....

Flora Vs. United States

Court : US Supreme Court

..... ; klein, federal income taxation (1929), 1372, 1642, 1643; mellon, taxation: the people's business (1924), 62-63; ballantine, federal income tax procedure, lectures on taxation, columbia university symposium (1932), 179, 192-193; caspers, assessment of additional income taxes for prior years, 1 nat. income tax mag. (oct. 1923), 12; graupner, the operation of the ..... s. 28 (1915), to have included jurisdiction over suits for tax refunds, as claims "founded upon" the internal revenue laws. the general language of that act, the tucker act, was most evidently not intended to, and did not, impose any new conditions upon the preexisting right to sue (the collector) for the refund of taxes ..... n. (a): "[congress being in session when the decision of the court in the case of carey v. curtis, 3 how. 236, was made, the following act [the act of feb. 26, 1845] was passed.]" [ footnote 2/8 ] the court recognized that internal revenue collectors, like customs collectors, were required to pay daily into the .....

Commissioner Vs. Shapiro

Court : US Supreme Court

..... , n. 11, is not unexpected. i am far from certain that the court is correct, and i am confused by the court's failure even to cite bob jones university v. simon, 416 u. s. 725 (1974), and commissioner v. "americans united," inc., 416 u. s. 752 (1974), two cases heavily relied upon by the ..... cash bank deposits and for 1971 income derived from alleged narcotics sales, the district court dismissed the complaint on the ground, inter alia, that the anti-injunction act (act), 7421(a) of the internal revenue code, which prohibits suits for the purpose of restraining the assessment or collection of taxes, withdrew its jurisdiction to order levies ..... of taxes will not be restrained unless the district court is persuaded from the evidence eventually adduced that the commissioner will under no circumstances prevail. moreover, the act's "collateral objective" to protect the collector from tax litigation outside the statutory scheme is not undercut, since the taxpayer himself must still plead and prove .....

Cottage Savings Ass'n Vs. Commissioner

Court : US Supreme Court

..... 207 -212 (1920) (recognizing realization requirement). because these decisions were part of the "contemporary legal context" in which congress enacted 202(a) of the 1924 act, see cannon v. university of chicago, 441 u. s. 677 , 441 u. s. 698 -699 (1979), and because congress has left undisturbed through subsequent reenactments of the code ..... further proceedings consistent with this opinion. so ordered. [ footnote 1 ] congress abolished the fhlbb in 1989. see 401 of the financial institutions reform, recovery, and enforcement act of 1989, pub.l. 101-73, 103 stat. 354. [ footnote 2 ] memorandum r9 listed 10 criteria for classifying mortgages as substantially identical. "the loans involved ..... 1 is a reasonable interpretation of 1001(a). congress first employed the language that now comprises 1001(a) of the code in 202(a) of the revenue act of 1924, ch. 234, 43 stat. 253; that language has remained essentially unchanged through various reenactments. [ footnote 5 ] and since 1934, the commissioner .....

Hibbs Vs. Winn

Court : US Supreme Court

..... conditioning the jurisdictional bar on the availability of a plain, speedy and efficient remedy in state court. the remedy inspected in our decisions was not one designed for the universe of plaintiffs who sue the state. rather, it was a remedy tailor-made for taxpayers. see, e.g. , rosewell , 450 u. s., at 528 ( ..... make clear that the court treats states as diminished and disfavored powers, rather than merely applies statutory text. first, the court s analysis of the tax injunction act (tia or act), 28 u. s. c. 1341, contrasts with a literal reading of its terms. second, the court s assertion that legislative histories support the conclusion that ..... brought an action in federal court challenging 43 1089, and seeking to enjoin its operation, on establishment clause grounds. the question presented is whether the tax injunction act (tia or act), 28 u. s. c. 1341, which prohibits a lower federal court from restraining the assessment, levy or collection of any tax under state law, bars .....

United States Vs. Nunnally Investment Co.

Court : US Supreme Court

..... asks us to eliminate one consequence of that conception. in the field of custom duties, congress has devised a comprehensive and interrelated scheme of administrative and judicial remedies. see act of june 17, 1930, 46 stat. 590, 734, 19 u.s.c. 1514-1515; freund, administrative powers over persons and property, pp. 553-60. ..... court found that the common law right to sue the collector had argumentatively been withdrawn, see cary v. curtis, 3 how. 236, congress promptly restored that right. act of february 26, 1845, c. 22, 5 stat. 727. the problem of legal remedies appropriate for fiscal administration rests within easy congressional control. congress can deal with ..... most practical purposes, reduced the personal liability of the collector to a fiction, the course of the legislation indicates clearly enough that it is a fiction intended to be acted upon to the extent that the right to maintain the suit and its incidents, until judgment rendered, are to be left undisturbed. . . . the right to .....

Flora Vs. United States

Court : US Supreme Court

..... 659, 83d cong., 1st sess. 1. [ footnote 23 ] id. at 2. and see s.rep.no.115, 83d cong., 1st sess. [ footnote 24 ] allen v. regents of university system of georgia, 304 u. s. 439 , 304 u. s. 456 (concurring opinion). [ footnote 25 ] 14 stat. 475 (1867), reenacted in r.s. 3224, presently in force ..... purpose of restraining the assessment or collection of any tax. [ footnote 25 ] more recently, congress took care to except from the operation of the federal declaratory judgments act any controversies "with respect to federal taxes." [ footnote 26 ] to ameliorate the hardship produced by these requirements, congress created a special court where tax questions could ..... further comment, conferred jurisdiction on the district court, "concurrent with the court of claims, of any suit or proceeding, commenced after the passage of the revenue act of 1921, for the recovery of any internal revenue tax alleged to have been erroneously or illegally assessed or collected, or of any penalty claimed to have been .....

MainuddIn Ahmed Vs. Food Corporation of India and ors.

Court : Guwahati

..... the amount paid till date may not be recovered from the appellant. the principle of equal pay for equal work would not apply to the scales prescribed by the university grants commission. the appeal is allowed partly without any order as to costs.11. in the case of safior rahman (supra) also this court under somewhat similar circumstances ..... that the same was meant for moinuddin-1. only the name of moinuddin ahmed was indicated. by the said order, the person concerned was also posted elsewhere i.e. tezpur. the petitioner, in bonafide belief, carried out the order and there was no objection on the part of the respondents. that position continued till 2001 when he was ..... as well as mr. p.k. roy, learned standing counsel, food corporation of india. mr. rahman, learned counsel for the petitioner submits that there being no overt act on the part of the petitioner in getting the selection grade scale and it being the bonafide action on the part of the petitioner to obey the order placing him .....

T.T. Chakravarthy Yuvraj and Others Vs. Principal, Dr. B.R. Ambedkar M ...

Court : Karnataka

Reported in : AIR1997Kant261

..... of guilt against the appellants so as to hold that the appellants are liable for the misconduct alleged against them; (iii) that under s. 62of the karnataka state universities act, 1976 the final authority in the matter of discipline is the vice-chancellor and therefore the principal could not take any action in the matter, and (iv) ..... he may be expelled, and that he will not be guilty of such misconduct as will be subversive of the discipline of the university or college. where the authorities of a college or university act with discretion in expelling a student for violation of a reasonable rule or regulation, their action will not be interfered with or set ..... its different functions. in this case, the power to enforce discipline is available under s. 62 of the karnataka state universities act, 1976. the power to punish arises in terms of s. 62(2) of the act. considering the nature of the functions carried on by the respondent viz., imparting medical education, which would otherwise be a .....

R (on the Application of Prudential Plc and Another) Vs. Special Commi ...

Court : UK Supreme Court

..... ) association inc [1970] ac 874, 898f-g, and the courts have implicitly addressed it on many occasions. woolwich equitable building society v inland revenue comrs [1993] ac 70 is one of them. the house of lords extended the right to restitution of unlawfully demanded tax, notwithstanding that important policy considerations were engaged and ..... mark [1983] rpc 131 (nourse j), wilden pump engineering co v fusfeld [1985] fsr 159 (ca, waller and dillon ljj), and new victoria hospital v ryan [1993] icr 201 (eat, tucker j). 32. thirdly, and unsurprisingly, the current editions of textbooks on privilege and evidence state that lap is limited to communications in connection with ..... legal services act 2007 ("the 2007 act"). 27. the contrary case was advanced by mr james eadie qc for hmrc, supported by sir sydney kentridge qc for the law society, mr bankim thanki qc for the bar council, and mr michael edenborough qc for aippi uk. their case was that it has been universally assumed that lap .....