Judgment Search Results Home > Cases Phrase: the mizoram organic farming act 2004 Sorted by: old Page 100 of about 7,902 results (0.283 seconds)

Oriental Insurance Co. Ltd. Vs. Mustt. Rejina Begum and ors.

Court : Guwahati

..... reported in, 2004 (1) glt 497, it is submitted, on behalf of the respondents, that the decision in sukla dev nath (supra) has clearly laid down that an insurer cannot invoke revisional jurisdiction of the high court under section 115 of the code, for, entertaining such revision would be tantamount to expanding the limited right of appeals, which the legislature has chosen to provide to the insurers under section 149(2) of the act. ..... court cannot, in exercise of its jurisdiction under article 226 and/ or 227, convert itself into a court of appeal and determine the correctness of the decision; but when the tribunal oversteps its jurisdiction or indulges in arbitrariness in granting compensation or it acts in denial of the principles of natural justice or acts without jurisdiction or in flagrant disregard of the law or the procedure occasioning thereby failure of justice, interference in exercise of certiorari jurisdiction will not only be possible, but would become imperative, for, ..... context that sadhana lodh (supra) laid down that the writ court cannot act like a court of appeal, for, as i have already indicated hereinabove, while exercising the certiorari jurisdiction, the court, as held in surya dev (supra), assumes that the subordinate court, which has the jurisdiction to decide the matter, has also the jurisdiction to decide the same erroneously and whether the decision is correct or incorrect cannot become the subject-matter for assuming jurisdiction under article 226/227 .....

State Bank of India Vs. Punjab National Fertiliser Chemical Ltd. (In L ...

Court : Punjab and Haryana

Reported in : III(2005)BC447; [2006]134CompCas258(P& H); (2005)140PLR228

..... 40 of 2004 have been filed by the official liquidator on behalf of the company in liquidation under section 457(1) of the companies act, 1956 (for brevity, 'the act') read with rules 9, 272, 273 and 274 of the companies (courts) rules, 1959 (for brevity, 'the rules') for permission to sell the moveable and immoveable properties of the company in liquidation.2. ..... the learned counsel has also raised another argument that the provisions of sections 20 and 32 of the sica would prevail over the act and, therefore, the earlier act would prevail over the later act as there are non-obstante clauses implied in sections 20 and 32 of the sica. ..... 10, namely, whether the provisions of the companies act would give way to the provisions of sica in view of the judgments of the supreme court in the cases of maharashtra tubes ltd. ..... the other argument that the sale proceeds should be distributed in a particular manner cannot be raised at this stage because sale proceeds have to be distributed in terms of sections 529 and 529-a of the act, after the sale is complete and the sale proceeds are credited to the official liquidator. ..... the aaifr in its order dated 8.5.2002 has held that after the passing of winding up order by this court on 27.7.2001, the authorities under the sick industrial companies (special provisions) act, 1985 (for brevity, 'sica') including aaifr would not enjoy any jurisdiction to pass any order under section 20(4) of the sica. .....

Mr. Parashuram D. Patil Vs. Asst. Commissioner of I.T.

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... shri trivedi further submitted that under the scheme of the income-tax act relating to computation of "undisclosed income" the total income is to be charged at the rate of 60% under section 113 of the income-tax act.however, there is nothing to show that provision of section 113 override the provision of section 112 specifically made applicable to income under the head "capital gains".shri trivedi further drew my attention to the decision of the hon'ble bombay high court in the case of commissioner of income tax v.hindustan, bulk carriers reported ..... this agreement itself shows that there was a clear business mono to carry on the real estate transaction by buying and selling of lands in order to make profit.thus, the cumulative effect of all the above said factors of multiplicity of transactions, sale of land of which the assessees are not the owners combining with the other outsiders do clearly demonstrate that the assessee was carrying on the business of real estate of buying and selling of house plots or commercial plots as a organized business venture. ..... 222 & 223/mum/2004 - the following grounds of appeal (as coneised) have been raised in these appeals - 1. .....

Abmica Lamp House Vs. Commercial Tax Officer (int)-i Enforcement and a ...

Court : Andhra Pradesh

Reported in : 2005(2)ALD704; 2005(3)ALT190; [2005]142STC551(AP)

..... a perusal of the above provisions of the act shows the scheme as to the liability of the dealer to file the returns declaring correct statements of affairs and the powers of the assessing officer and other authorities empowered to take various steps not only to get the correct facts as to the turnover and the nature of the transactions, but also even to impose penalties as well as to prosecute for the offences contemplated under the provisions of the act. ..... state of karnataka, (2004) 136 stc 292, a division bench of the karnataka high court had an occasion to consider the issue whether an assessee, who filed a return for assessment under a mistake is entitled to contest the assessment made by the assessing authority. ..... no.625, authorized the 1st respondent to inspect the premises of the petitioner as she received some credible information that the dealer was indulging in clandestine trade with a view to evade the sales tax and accordingly the premises was inspected on 23.1.2004. ..... however on 23.1.2004 the respondents 1 and 2 visited the premises of the petitioner and found that the petitioner was in possession of 5,50,000 kgs. ..... 3253 of 2004. .....

Manjeet Singh Vs. M.P. State Road Transport Corporation and ors.

Court : Chhattisgarh

Reported in : (2005)IIILLJ420CG

..... other incidents of similar nature were also mentioned in the order of the labour court and thereafter only, the labour court passed the aforesaid order.against the said order passed by the labour court, the petitioner filed an appeal before the industrial court under section 65 of the aforesaid act and the industrial court after examining the facts and documents on record dismissed the appeal and confirmed the order passed by the labour court.5. ..... in the light of the aforesaid decisions given by the apex court and also in the light of the findings recorded by the labour court as well as the industrial court and the nature of charges held to be proved against the petitioner and especially looking to the antecedents of his service, i do not find any reason to interfere with the orders of the said courts. ..... , reported in (2001) 8 scc 477, as a settled principle of law that in a petition under article 227 of the constitution, the high court has to see whether the lower court or the tribunal has jurisdiction to deal with the matter and if so, whether the impugned order is vitiated by procedural irregularity; in other words, the court is concerned not with the decision but with the decision making process.8. ..... the present petition is filed under article 226/227 of the constitution of india challenging the legality, validity and propriety of the order dated 17-3-2004 (annexure p-13) passed in civil appeal no. .....

Gregg (Fc) (Appellant) Vs. Scott (Respondent)

Court : House of Lords

..... the questions which every pleader must ask himself at the outset are these: (a) whether the defendant owed a duty of care to the claimant, to prevent him sustaining the type of harm that was a foreseeable consequence of his careless acts or omissions; (b) whether there was an act or omission by the defendant which was in breach of that duty of care; and (c) for what loss, injury and damage, if any, the defendant is liable. ..... this argument has appealed to judges in some jurisdictions; in some, but not all, of the states of the united states and most recently in new south wales and ireland: rufo v hosking (1 november 2004) [2004] nswca 391); philp v ryan (17 december 2004) [2004] 1 iesc 105. ..... but the present state of the law on this aspect of medical negligence, far from meeting present-day requirements of fairness, generates continuing instinctive judicial unease, exemplified in this country post-hotson by latham lj's dissenting judgment in the present case, and observations of andrew smith j in smith v national health service litigation [2001] lloyd's med rep 90 and the court of appeal in coudert brothers v normans bay ltd (27 february 2004, unreported). ..... on the other hand, once a breach of duty has been shown, the recent decision of the new south wales court of appeal in rufo v hosking [2004] nswca 391 illustrates how easy it may be to conclude that this has led to a reduction in the patient's prospects of a favourable outcome. .....

The Morarjee Goculdas Spg. and Vs. Dy. Commissioner of Income Tax,

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... income assessed in the impugned order by the learned assessing officer does not fall in the domain of an order under section 158bc for want of nexus with any evidence or material found during the course of the search in the case of the assessee and, therefore, it falls in the domain of the assessments that may be made under the general provisions of the act.during the course of hearing before us, the learned counsel for the assessee made considerable submissions to support his contention that the findings of the learned assessing officer in the impugned order ..... andhra organics corporation was transferred on the same date to the account of m/s. ..... finally on 29.7.97 the learned assessing officer received once again a letter from rcop in which it was clarified that no material was purchased by them from m/s agri commercial products and there were no separate equipments other than the solvent extraction plant which had been installed much earlier than 1987.the assessee claimed to have purchased cold farming roll sets made of high carbon high chromium steel from m/s. ..... however, there was no trace of andhra organics corporation or its proprietors at the given address. ..... andhra organics corporation never existed at the given address. ..... andhra organics corporation, there were no further documents to prove the genuineness of the transactions. ..... the hon'ble iii^rd member, after hearing the same, has passed the order dated 30.9.2004 agreeing with the hon'ble accountant member. .....

In Re: Paramount Biotech

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

..... paramount filed detailed written submissions dated 25.11.04.the submissions of paramount made on 11.11.2004 & 25.11.2004 are briefly discussed below: that the company has been into two agricultural related businesses namely (a) collective hybrid hi-tech agro farming/plantation projects (b) sale & purchase of agricultural land and related services. ..... made by paramount and non-compliance of the regulations, i, in exercise of the powers conferred upon me under section 11b and 11 (4) of the sebi act,1992, r/w regulation 65 of the said regulations, hereby direct paramount neither to collect any money from investors nor to launch any new schemes and further direct paramount to refund the money collected under the scheme(s) with returns which is due to the investors as per the terms of the offer within a period of one month from the date of this order failing which ..... sebi may initiate the following actions against paramount, as available under .....

Bishu Mondal Vs. State of West Bengal

Court : Kolkata

Reported in : 2005(4)CHN325

..... manner was subjected to brutal force and sexual harassment and the convict after satisfying his lust killed the victim so as to suppress his dastardly act and hence, considering the totality of the fact and circumstances, every mitigating circumstance which the convict might have taken for a lesser punishment must be ignored considering the gravity of the offence and the manner in which such offence was committed and naturally, the learned trial judge rightly recorded a sentence of death and there ..... sanyal submits that while recording special reason in support of death sentence, the learned judge is required to take into account all the mitigating circumstances standing in favour of the convict and the learned judge is to draw a balance-sheet between the mitigating circumstances and the aggravating circumstances and only when the overall fact and circumstances will outweigh the mitigating circumstances standing in favour of the convict and only when the totality of the fact and circumstances would unerringly indicate that in this case ..... 1 of 2004 since under the provision of the code of criminal procedure, death sentence recorded by a judge is subject to confirmation by this court. ..... 287 of 2004.2. .....

Rajesh Kumar Srivastava Vs. A.P. Verma and ors.

Court : Allahabad

Reported in : AIR2005All175; (2005)2UPLBEC1813

..... other acts protecting public health namely drug and magical remedies (objectionable advertisements) act 1954, drugs and cosmetics act 1940, pharmacy act 1948, narcotic drugs and psychotropics substances act 1985, medical termination of pregnancy act 1971, transplantation of human organs act 1994, mental health act, 1987, environmental protection act 1994 and the persons with disabilities (equal opportunities and full participation) act 1995. ..... were candid to mention that they are attending this camp every thursday and there was marked improvement in the ailments they were suffering from.sri ajay pratap singh denied prescribing or treating any patient by any pathy. ..... to take all necessary steps to stop the unqualified and unregistered medical practitioners in carrying on the medical profession and the district magistrates and the chief medical officers were directed to identify within a time limit to be fixed by the secretary, health and family welfare department, all the unqualified and unregistered medical practitioners and to initiate legal action ..... singh, medical officer, allahabad shows that on 11-10-2004 about 300 persons had assembled and were chanting 'om namoh shivai' at samai mai park opposite to laxmi cinema ..... the report dated 19-10-2004 is quoted as below;'on 14 october 2004 (thursday) ..... notices were issued on 8-10-2004 to sri ajay pratap to show cause as to why he may not be prosecuted for his activity in contravention to the directions issued by the hon'ble supreme court .....