Court : Madhya Pradesh
Reported in : AIR2004MP182
..... on proof of creation of sub-tenancy, the owner of the building may also be entitled to seek eviction of their tenants under the relevant provisions of the rent acts applicable in the state where the land or property is located, we find some substance in the submission of the learned counsel for the appellant that permitting the municipal authorities to assess the annual value on the basis of the rent paid by the sub-tenant to the tenant and fixing its liability on the owner may adversely affect the owners of the buildings who have let their premises at a time when ..... accommodation control act, 1961 and the municipalities and municipal corporation acts in regard to determining the, letting value is of non consequence inasmuch as all the decisions rendered by this court as well as by the apex court have become ineffective because the amendments brought in the statute book have removed the base of the said judgments. ..... every owner of land or building shall assess the-annual letting value of his land or building and deposit the amount of property tax along with a return in this behalf, in the prescribed form, on or before the date fixed by the council, failing which a surcharge at the rate, as may be determined by the council. ..... state of orissa, air 1987 sc 2310. ..... , air 1958 sc 909; d. s. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(1)Raj682; 2005(1)WLC548
..... the commencement of the constitution (seventy-third amendment) act, 1992, and thereafter at the expiration of every fifth year, constitute a finance commission to review the financial position of the panchayats and to make recommendations to the governor as to-(a) the principles which should govern-(i) the distribution between the state and the panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the state, which may be divided between them under this part and the allocation between the panchayats at all levels of their respective shares of such proceeds;(ii) the determination of the ..... tendolkar (air 1958 sc 538), the apex court pointed out:'(b) that there is always a presumption in favour of the constitutionality of an enactment and the burden is upon him who attacks it to show that there has been a clear transgression of the constitutional principles;(e) that in order to sustain the presumption of constitutionality the court may take into consideration matters of common knowledge, matters of common report, the history of the times and may assume every state of facts which can be conceived existing at the time of legislation ..... the orissa administrative tribunal granted relief to the shiksha karmies directing the state government to regularize their services and grant them regular pay scale of the primary school teachers from the date of their ..... the decision was challenged before the orissa administrative tribunal inter alia claiming regularization as .....
Tag this Judgment!Court : Karnataka
Reported in : [1987]64STC352(Kar)
..... petitions in part and : (a) declare that the provisions of section 7(1)(a) and section 7(15) of the karnataka (amending act 13 of 1982) are unenforceable by reason of non-compliance with the requirement of the proviso to article 304(b) or article 255 of the constitution, until such compliance is show; (b) issue a writ of mandamus in each of these cases to the respondents directing them to forbear from enforcing the provisions of section 7(1)(a) and section 7(15) of the amending act 13 of 1982, as long as non-compliance with the proviso to article 304(b) or with article 255(c) of the constitution continues; (c) quash that part ..... state of bombay : [1970]1scr317 ('venkatrao' case) the supreme court was examining the validity of an amendment made by the then state of bombay in 1958 to the hyderabad tenancy and agricultural lands act of 1950 which had not received the assent of the president. ..... indian aluminium company limited : [1976]1scr552 a constitution bench of the supreme court was examining the validity of the kerala essential articles control (temporary powers) act, 1961 and an order made thereunder called the kerala state electricity supply (kerala state electricity board and licensees areas) surcharge order, 1968. ..... state of orissa : [1966]1scr865 , state of mysore v. h. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(5)ALT69; [1998]108STC135(AP)
..... in the judgment the court had held that the benefit of the constitution (46th amendment) act which had been extended by way of adoption by the apgst act, 1957 up to september 13, 1985, was available to the dealers provided they satisfied the appropriate authority that they came within the exemption of section 6 of the constitution (46th amendment) act. ..... 27 of 1996 [andhra pradesh general sales tax (amendment) act, 1996] in so far as it amends the first schedule of the principal act increasing the rate of tax leviable on drugs nd medicines from 9 per cent to 10 per cent and on pesticides and insecticides, etc. ..... state of andhra pradesh : [1958]1scr1422 , this court observed : 'it is also contended that under the sales tax acts, the levy of tax is annual and the rules contemplate submission of quarterly returns and payment of taxes every quarter on the admitted turnover, and that a conditional legislation under which payment of tax will become enforceable in futuro would be inconsistent with the scheme of the act and the rules. ..... state of orissa : [1964]7scr185 , it was held that while it is true that in considering the question as to whether legislative power to pass an act retrospectively has been reasonably exercised or not, it is relevant to enquire how the retrospective operation operates. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1987All362
..... power to issue directions has been given to official bodies and obligation has been cast on trustees and employees to obey the same; duty has been cast upon trustees and employees to prepare register and submit same and authorities have been power to amend or alter the register; duty has been cast on trustees and employees to furnish returns and reports and other informations relating to institution and ..... case air 1959 sc 5(supra) the orissa high court observed : 'to accept the argument of the advocate general would be to hold that though an institution belonging to a sect or sub-sect of hindus would get the protection of article 26, an institution which belongs to the hindu people in general and not to a particular sect or sub-sect would not get the protection of that article'. in ..... and it was claimed that they had been issued without any emergency or necessity as contemplated under art 213, but after their replacement by act, it became academic and petitioners were permitted to challenge provisions of act, and amend the petition. ..... 1958 in the court of civil judge, varanasi for a declaration that he was the sole person duly qualified to manage the affairs of the temple to the exclusion of all other mahants, who belonged to the same family of mahants of the ..... government, donations, gifts or contribution from public, fines and penalties and recoveries; submission of proposal by chief executive officer to board for expenditure, annual budget, regular accounts, audit and surcharge, etc. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1993MP214
..... also be taken note of, as a settled legal position, that as the bar to judicial review imposed by the foregoing clause (5) in article 356 of the constitution was repealed by forty fourth amendment act, 1978, it can be held that the presidential proclamation is open to judicial review on the ground of illegality, irrationality, impropriety or mala fide or, in short, on the ground of abuse of power. ..... is the effect of the lifting of the bar on judicial review by deletion of clause (5) of article 356 by the 44th amendment act which was introduced by 38th amendment act to the constitution ..... decision was rendered by the supreme court prior to forty fourth amendment to the constitution when clause (5) introduced to article 356 of the constitution by the thirty eighth amendment act, 1975 was in force, which barred judicial review of proclamation under article 356 of the constitution on any ground ..... for the purpose of controversy before us, it is necessary to keep in mind that clause (5) of article 356 of the constitution, as it stands today, had been substituted by the constitution (forty fourth amendment) act, 1978 in place of the earlier clause inserted by the constitution (thirty eighth amendment) act, ..... the issue about the justiciability of the satisfaction of the president in relation to article 356 of the constitution arose in rajas-than case (air 1977 sc 1361) at the time when by constitution 38th amendment act by insertion of clause (5) barred ..... union of india air 1958 sc 578, bhagwati, .....
Tag this Judgment!Court : Delhi
Reported in : ILR1972Delhi226; [1972]86ITR452(Delhi)
..... section 155(1) has special reerence to the case of a partner in a firm and it is laid down in clause (1) of section 155 that where in respect of any completed assessment of a partner in a firm it is found on the assessment or re-assessnient of the firm that the share of the partner in the income of the firm has not been included in the assessment of the partner or, if included is not correct, the income-tax officer may amend the order of assessment of the partner with a view to the inclusion of the share in the assessment or the correction thereof, as the case may be. ..... (4) in that view of the matter the following question alone was referred to the high court for opinion:- 'whetheron the facts and in the circumstances of the case, the tribunal was right in holding that the income- tax officer's order of rectification under section 154/155 of the income-tax act, 1961 in so far as it imposed the special surcharge on the asessee's income from share in the income of his various firms was illegal. ..... we do not agree with the tribunal in holding that the letter dated 17.5.1963 was belated inasmuch as the assessment on the calcutta firm was completed on 13.6.1959 for 1958-59 assessment year and the report which the income-tax officer calcutta sent to the income-tax officer, delhi was in may 1963 i.e. ..... the original assessment for 1958-59 assessment year was made by the income-tax officer under section 23(3) of the indian income-tax act, 1922 (hereinafter referred to as the old act). .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1963P& H516
..... 55a which has, however, been repealed by section 22 of the representation of the people (amendment) act, 1958 (act 58 of 1958). ..... such offer or assurance was not of substance because the candidate who withdrew having been himself an old member of the congress, was aware of the value of such promise for the next election, and the learned judges were of the opinion that the offer or assurance was a mere pious wish expressed by the signatories to the letter which letter had been ..... himself or for any other candidate that he has been duly elected when all contesting candidates must be made respondents to the election petition, and when he claims no such declaration in addition, but merely claims declaration avoiding the election, then only all the returned candidates must be made respondents to the election petition.there' is clause (b) of this section which says that 'any other candidate against whom allegations of any ..... l r 76 : (air 1959 orissa 47), and points out that in that case an offer and assurance to a candidate fighting an election that in the next elections he will be supported as a congress candidate if he withdrew from the contest in which he was engaged, has been held by the learned judges not to amount to any offer or promise of gratification and hence corrupt practice of bribery within section 123 (1) or (2); but the ground upon which the learned judges have proceeded was that any .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC87; (2002)8SCC237
..... , 356, 356(1), 360 and 368; representation of the people act, 1951 - sections 14, 15, 15(2) and 73; government of india act, 1915 - sections 63, 63d, 63d(1), 72b, 72b(1), 204(1) and 213; government of india (amendment) act, 1919 - sections 8, 8(1), 21 and 21(1); government of india act, 1935 - sections 18, 18(4), 19, 19(1), 19(2), 60, 61(3), 62, 62(1) and 62(2); representation of people act, 1918 - section 21(3); political parties, elections and referendums act, 2000; constitution (first amendment) act, 1951 - section 8; government of union territories act, 1963 - sections 5, 30, 53, 66 and 153; representation of people's act, 1950cases referred: in re: cauvery water disputes tribunal ..... concerned about the regular sitting of the parliament and, thereforehe moved an amendment 1478 which read as follows:'at the end of article 69(2)(c), the following proviso is to beadded: provided that if any time the president does not summonas provided for in this constitution for more than three monthsthe house of the people of either house of parliament at anytime after the dissolution of the house of the people, or duringthe currency of the lifetime of the house of the people for aperiod of more than 90 days the speaker of the house of thepeople or the chairman of the council of states ..... in re kerala education bill air 1958 sc 956 das, c.j. .....
Tag this Judgment!Court : Delhi
Reported in : 1997VIAD(Delhi)733; 69(1997)DLT603
..... by the electrical inspector by the amendment of sub- section (6) and further providing that for the anterior period, in the absence of fraud, the register of the meter shall be conclusive proof of the supply of the electricity it is quite evident that even if it transpires that the installed meter ceased to be correct, then for the period anterior to the statutory period for which the estimation is not to be made by the electrical inspector, the register of the meter about the consumption of the electricity supplied to the consumer shall be binding between the parties by treating such recording as conclusive proof of the consumption in the ..... it was observed that if a question of law is specifically referred, the courts will not interfere but there is authority for the view that the courts will interfere if it is apparent that the arbitrator has acted illegally in reaching his decision, that is to say, if he has decided on principles of construction that the law does not countenance or something of that nature. ..... (1)in case of unauthorised load, a surcharge of 25% shall be levied on the total amount of the bill from the billing month of the date of excessive connected load. ..... but the board would not and did not undertake definitely to supply the plant and machinery not later than six months from 6.10.1958, the date of the order to commence work. .....
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