Judgment Search Results Home > Cases Phrase: the tamil nadu towns nuisances act 1889 Page 13 of about 1,084 results (0.181 seconds)

Hukum Singh Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR1998All120

..... state of tamil nadu 1996 (8) scale 493 : (air 1997 sc 1889), held as under (para 7 at p. ..... the ground of challenge, inter alia, was that the state legislature has no legislative competence to enact the amendment act, in asmuch as the subject matter of the enactment falls exclusively within the province of parliament, that is, list i of the 7th schedule to the constitution. ..... sri bhattacharya has lost sight of the fact that the tax is not imposed under the act on telecasting, but the tax is imposed on entertainment. ..... entertainment and betting tax act, 1979 (briefly, the act) which are appealable under sub-section (2) of section 12 of the act and of the impugned g. o. ..... in the bank nationalisation case air 1970 sc 564, it was held that the direct operation of the act upon the fundamental right forms the real test. ..... the hindalco disputed its assessability under the act, which plea was rejected by the district magistrate, sonebhadra, who eventually raised the demand of entertainment tax against the hindalco. ..... 1995 (29) atj 454 : (1995 aihc 6398) that the act of 1979 has been enacted with reference to entry nos. ..... so far as the taxability under the act is concerned, that was upheld by the supreme court in the case of hindalco. ..... the fact that the hindalco is providing cable net work facilities to its employees as a welfare measure and not with profit motive, may be a good ground for hindalco to seek exemption for the payment of entertainment tax under section 11(1) of the act. .....

Adi Pherozshah Gandhi Vs. H.M. Seervai, Advocate General of Maharashtr ...

Court : Supreme Court of India

Reported in : AIR1971SC385; (1970)2SCC484; [1971]1SCR863

..... rangam, for advocate-general for the tamil nadu. m. c. ..... of view that the attorney general and the advocate general will be aggrieved persons when they will find that them interest of the bar, the, public interest have not been proper safeguarded by decisions of the disciplinary committee of-the bar council.169 sup ci/(p)-71-15930for these reasons i am of opinion that the advocate general of the state of maharashtra is competent to appeal as a person aggrieved under section 37 of the advocates act, 1961.orderin accordance with the opinion of the majority, the appeal is allowed and the order of the bar council ..... the proviso to the section however laid down that no such order shall authorise the use of any part of a street so as unreasonably to prevent access to any promises adjoining the street, or the use of the street by any person entitled to the use thereof, or so as to be a nuisance, or be made in respect of any part of a street without the consent of the authority or person responsible for the(1) [9291] 2 k. b. ..... 91 of the code of civil procedure no suit for a declaration and injunction in the case of a public nuisance can be instituted except by him or with his consent. ..... public nuisance etc....... .....

R.Panchumani Vs. the Regional Transport Officer

Court : Chennai

..... (md).no.12242/2011 to issue a writ of mandamus directing the 1st respondent-regional transport officer-srirangam, trichy to return the driving licence of the petitioner within a specific time limit for the reason that the petitioner who is employed as a driver in the tamil nadu state transport corporation, kumbakonam limited, was on duty on 20.8.2011 and driving the bus bearing registration no.tn45 n 3011 between jayankondam and palani. ..... ; or (f)has committed any such act which is likely to cause nuisance or danger to public, as may be prescribed by the central government, having regard to the objects of this act; or(g)has committed any such act which is likely to cause nuisance or danger to public, as may be prescribed by the central government, having regard to the objects of this act;or(h)being a person under the age of eighteen years who has been granted a learner's licence or a driving licence with the consent in writing of the person having the care of the holder of the licence and has ceased to be in such .....

State of Punjab and anr. Vs. Devans Modern Brewaries Ltd. and anr.

Court : Supreme Court of India

Reported in : JT2003(10)SC485; 2003(10)SCALE202; (2004)11SCC26

..... state of tamil nadu : air1986sc63 (2 hon'ble judges) firstly this court held (i) lotteries were 'goods' in part and could be amenable to levy of sales tax; and (ii) quashed and struck down the notification of the state of tamil nadu exempting the lotteries organized by the state of tamil nadu from levy of sales tax as violative of articles 14, 301 and 304 since by such discrimination it affected the free flow of trade and commerce. ..... such a legislation was found to be within the purview of entry 8, list ii of the seventh schedule of the constitution of india stating:'under entry 8 list ii in the seventh schedule to the constitution of india and thereby under sections 49 and 143(2)(v) of the prohibition act, the state has the exclusive right/ privilege in respect of potable liquor and the state, in our opinion, can charge any reasonable expenses or even consideration for permitting such activity by grant of licence and that the respondents ought to comply with all reasonable orders ..... if the law requires that an act which is inherently dangerous, noxious or injurious to the public interest, health or safety or is likely to prove a nuisance to the community shall be done under a permit or a licence of an executive authority, it is not per se unreasonable and no person may claim a licence or a permit to do that act as of right... .....

Mrs. Analia Abreu Pinti Vs. Miss Olinda De Menezes (Since Deceased), N ...

Court : Mumbai

Reported in : 1997(4)BomCR125

..... in that case the relevant provision for consideration was section 10(2)(ii)(a) of the tamil nadu buildings (lease and rent control) act, 1960. ..... mahadeb dutta, : [1993]1scr472 , the supreme court observed that the rent act is for the protection of the rights of the tenants but at the same time it does not permit the sub-letting by a tenant without the consent in writing of the landlord and this provision has been kept in public interest for the benefit of the landlords and the same can only be negatived by an act of conscious relinquishment of such right by the landlord. ..... there, the supreme court expressed that where the alleged sub-tenant was brother-in-law of the tenant and was also employed with him, mere user of kitchen and latrine in occupation of the tenant by the said brother-in-law would not mean that the tenant has transferred the exclusive right to enjoy the kitchen and latrine and has parted with the legal possession of the said part of the premises in favour of his brother-in-law, the alleged sub-tenant, so as to make the tenant liable ..... the appellant maintained that the said estevam rodrigues is not paying anything to her and in fact, his presence has become nuisance to the appellant. .....

Rajeshwarhwa Vs. Sushma Govil

Court : Delhi

Reported in : AIR1989Delhi144; 37(1989)DLT88

..... the state of tamil nadu & others, (16) in which it was laid down that even if certain aspects of a question were not brought to toe notice of the court, the court would decline to enter upon reexamination of the question since the decision had been followed in other cases. ..... , : [1970]3scr530 it was mentioned that before that cane it was not possible to challenge- chapter iv-a of the motor vehicles act as being vocative of article 19(l)(f) owing to the decision of the supreme court that article 19(l)(f) could not be invoked when a case fell within article 31 and that was the reason why the supreme court in all the previous decisions relating to the validity of chapter iv-a proceeded on an examination of the argument whether there was infringement of article 19(1)(g) and clause (f) of that article could not possibly ..... they may also act as commissioners for oaths under commissions granted by colonial and foreign authorities : english courts, when required by statute or statutory rule, take judicial notice of the seal and signature of a notary public, for instance, under the english commissioners for oaths act, 1889 or old rules of the supreme court, england order 38, rule 6. .....

Public Prosecutor Vs. A. Thomas

Court : Chennai

Reported in : AIR1959Mad166; 1959CriLJ484

..... for substantial and strong reasons.in exercising the power conferred by the code and before reaching its conclusions upon fact, the high court should, and will, always give proper weight and consideration to such matters as (1) the views of the trial judge as to the credibility of the witnesses, (2) the presumption of innocence in favour of the accused, (3) the right of the accused to the benefit of any doubt; and (4) the slowness of an appellate court in disturbing a finding of fact arrived at by a judge who had the advantage of seeing the witnesses.the powers conferred by this ..... . section 2 of the prevention of corruption act, 1916, states that where in any proceedings against a person for an offence under the prevention of corruption act, 1906, or the public bodies corrupt practices act, 1889, it is proved that any money, gift or other consideration has been paid or given to or received by a person in the employment of her majesty etc ..... ., george town .....

Venkatesan and anr. Vs. Sri Arulmigu Karivaradharaj Perumal Koil and o ...

Court : Chennai

..... it is made clear that the grant of relief of permanent injunction in favour of 1st respondent/plaintiff in o.s.no.149 of 1988 by this court will not preclude either the 2nd respondent/4th defendant or the 3rd respondent/5th defendant hr & ce department to initiate necessary action against the encroachers concerned in the temple poramboke land in government survey no.305/1 as per tamil nadu land encroachment act or in accordance with any other law [of course after adhering to the principles of natural justice]. ..... this is so whether he or his predecessors originally dedicated the highway or part of it and whether he is entitled to the whole or some interest in the ground subjacent to the highway or not the right of the owner of land adjoining a highway to access to or from the highway from or to any part of his land is a private right, distinct from the right to use the highway as one of the public, and the owner of the land whose access to the highway is obstructed may maintain, an action for the injury, whether the obstruction does or does not also constitute a public nuisance. ..... , held that where there is a public highway, the owners of land adjoining the highway have a right to go upon the highway from any point on their land; and if that right is obstructed by anyone, the owner of the land abutting the highway is entitled to maintain an action for the injury, whether the obstruction does or does not constitute a public nuisance. .....

Commissioner of Income-tax Vs. Vasan Publications P. Ltd. and anr.

Court : Chennai

Reported in : (1986)52CTR(Mad)354; [1986]159ITR381(Mad)

..... the tribunal further noticed that the tamil nadu government had exempted newspapers from sales tax, that "ananda vikatan" was classified as "newspaper" by the indian posts and telegraphs department, the "ananda vikatan" was permitted to be posted as "newspaper" that "ananda vikatan" was also registered as a "newspaper" under the press and registration of books act and was exempted from payment of sales tax under the tamil nadu general sales tax act ..... the tribunal further noticed that the tamil nadu government had exempted newspapers from sales tax, that "ananda vikatan" was classified as newspaper by the indian posts and telegraphs department, that "ananda vikatan" was permitted to be posted as "newspaper", that "ananda vikatan" was also registered as a newspapers under the press and registration of books act and that sales of "ananda vikatan" were exempted from payment of sales tax under the tamil nadu general sales tax act ..... on appeal, the tribunal perused some (sample) copies of "kumudam" and "kalkandu" printed by the assessee during the relevant accounting year and took the view that the above journals fall under the category of newspapers the tribunal also referred to the notification issued by the ministry of finance (department of revenue), central excise, new delhi, and the treatment of the government of tamil nadu of the said journals as ..... is with reference to the assessment made by the commissioner of income-tax, tamil nadu-ii, madras, and the respondent herein is shri .....

Zunjarrao Bhikaji Nagarkar Vs. U.O.i. and Others

Court : Supreme Court of India

Reported in : AIR1999SC2881; 1999(66)ECC40; 1999LC29(SC); 1999(112)ELT772(SC); JT1999(5)SC366; (2000)ILLJ728SC; 1999(4)SCALE480; (1999)7SCC409; [1999]Supp1SCR87; 2000(1)SLJ291(SC)

..... against the order of punishment, the respondent approached the tamil nadu administrative tribunal which set aside the disciplinary proceedings against the respondent. ..... under sub-section (1) or sub-section (2) the adjudicating authority or the authorised officer makes an application to the appellate tribunal or the commissioner (appeals) within a period of three months from the date of communication of the order under sub-section (1) or sub-section (2) to the adjudicating authority, such application shall be heard by the appellate tribunal or the commissioner (appeals), as the case may be, as if such application were an appeal made against the decision or order of the adjudicating authority and the provisions of this act regarding appeals, including the provisions of sub-section (4) of section ..... or suppression of facts, or contravention of any of the provisions of this act or of the rules made thereunder with intent to evade payment of duty, the person who is liable to pay duty as determined under sub-section (2) of section 11a, shall also be liable to pay a penalty equal to the duty so determined:provided that where the duty determined to be payable is reduced or increased by the commissioner (appeals), the appellate tribunal or, as the case may be, the court, then, for the purposes of this section, the duty as reduced or increased, as the case may be, shall be taken .....