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Judgment Search Results Home > Cases Phrase: berar laws act 1941 Page 1 of about 296,434 results (0.560 seconds)

Nov 17 1966 (SC)

Municipal Committee, Akot Vs. Manilal Manekji Pvt. Ltd. and anr.

Court : Supreme Court of India

Reported in : AIR1967SC1201; (1967)69BOMLR316; 1967MhLJ275; [1967]2SCR100

..... rate thereof. 7. the law as applied to berar, although called the central provinces municipalities act, 1922, was not the same law as the central provinces municipalities act, 1922, as in force in the central provinces. 8. on august 1, 1941, the central provinces and berar act (xv of 1941) - called the berar laws (provincial) act, 1941 - came into force. this act was passed by the ..... governor under section 93 of the government of indian act, 1935, berar having ..... become part of the governor's province of the central provinces and berar. section 47 of the government of india act, 1935, provided that 'berar shall continue ..... being imposed and recovered and the fact that the title of the central provinces municipalities act, 1922, was changed by the berar laws (provincial) act, 1941, does not make any difference. he says that there is nothing in the profession tax limitation act, 1941, to show that the exemption was intended to be given only to a particular territory .....

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Apr 01 1970 (SC)

Ballabhadas Mathurdas Lakhani and ors. Vs. Municipal Committee, Malkap ...

Court : Supreme Court of India

Reported in : AIR1970SC1002; 1970MhLJ561(SC); (1970)2SCC267

..... june 22, 1924, under the indian (foreign jurisdiction) order in council the berar municipal act was repealed, and the central provinces municipalities act 2 of 1922 was applied to the berar area. after the government of india act, 1935, the berar laws (provincial) act, 1941 was enacted, and berar was under section 47 of the government of india act to be administered together with the central provinces as one of the ..... the berar with certain modifications under the central. provinces and berar act 15 of 1941. by that act the title of act 2 ..... provinces under that act. various acts' including the central provinces municipalities act 2 of 1922 were extended to .....

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Jan 19 1960 (HC)

The Kotah Transport Ltd., Kotah and ors. Vs. the Jhalawar Transport Se ...

Court : Rajasthan

Reported in : AIR1960Raj224

..... against the defendant for damages for causing death by tortious acts. at the material time the indian fatal accidents act, 1855, had not been applied to berar.it was applied to that territory under the berar laws act. 1941. the question arose by what law the case was to be decided. section s of the central provinces laws act (act xx of 1875) provided that in questions regarding certain topics ..... the personal laws of the parties had to be applied. ..... section 6 enacted that in cases not provided for by section 5 or by any other law for the time ..... two sub-sections of section 21 of the kotak state civil courts act.unfortunately even the central provinces laws act had not been applied to berar at the relevant time or even till 1941. which was a glaring omission in the provincial berar laws act.the net result was that neither the fatal accidents act applied to berar, nor could the courts in a case of this nature .....

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Oct 26 1961 (HC)

Manilal Manekji (Private) Ltd. Vs. Municipal Committee, Malkapur and a ...

Court : Mumbai

Reported in : AIR1963Bom3; (1962)64BOMLR471; ILR1962Bom508

..... maunds or 392 ibs. pressed 4 annas.' it will be noticed that the first notification was published under the then existing berar municipal law, 1886, and the second notification under the provisions of the central provinces municipalities act, 1922, as applied to berar. the berar municipal law, 1886, under which the first notification was issued was repealed by section 2 (1) of the c. p. municipalities ..... the case on behalf of the opponent committee any further. 14. some reference was also made in the arguments before us to the provisions of the professions tax limitation act, 1941 (no. xx of 1941) by which a limit was placed on the amount of tax payable by any person by way of tax on professions, trades, callings or employments. by the provisions ..... of 1941 must be held to be outside the proviso which only preserved the rate in force prior to 31st march, 1939'. in that case also, the municipality had purported to change ..... prior power to tax at any rates.9. the municipality, here, however, did not continue the rate which was in force on the 31st march, 1939, but changed it in 1941. taking the proviso as it stands, it is impossible to read the new rate by a fiction into sub-section (2) of section 142a. the rate introduced by the notification .....

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Feb 24 2006 (HC)

Heavy Electricals Mazdoor Trade Union Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : [2006(109)FLR1180]; (2006)IILLJ1027MP; 2006(1)MPHT551; 2006(2)MPLJ289

..... supra), cited by mr. yadav, learned counsel for the state of m.p., a similar question arose for consideration, section 3 of the cantonments (extension of rent control laws) act, 1957 empowered the central government to extend by a notification to any cantonment with such restrictions and modifications as it thinks fit any enactment or legislation of control of rent ..... the central government by notification dated 28-4-1951 extended to the then part c state of delhi the bengal finance (sales-tax) act, 1941 with some modifications. the result was that the bengal finance (sales tax) act, 1941 with such modifications came into force in the then state of delhi. thereafter by notification dated 7-12-1957 in the official gazette ..... 12-1960 issued under sub-section (3) of section 1 of the act bringing all the remaining provisions of the act in respect of the industries and undertakings specified therein, the provisions of the central provinces & berar industrial disputes settlement act, 1947, and the madhya bharat industrial relations (adaptation) act samvat, 2006 (31 of 1949) were no longer be applicable to ..... states that besides section 1, section 112 shall come into force at once. section 112 of the act is quoted hereinbelow:--112. repeal and savings.-- the central provinces and berar industrial disputes settlement act, 1947 (xxiii of 1947) and the madhya bharat industrial relations (adaptation) act, samvat, 2006 (31 of 1949) are hereby repealed :provided that--(a) every appointment, order, .....

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Jul 16 2009 (SC)

Udaipur Sahkari Upbhokta Thok Bhandar Ltd. Vs. Commissioner of Income- ...

Court : Supreme Court of India

Reported in : (2009)224CTR(SC)538; [2009]315ITR21(SC); JT2009(9)SC500; 2009(9)SCALE551; (2009)8SCC393; [2009]182TAXMAN287(SC); 2009(8)LC3527(SC); 2009(7)SCC393

..... of this court held that transction between the rice-millers on one hand and the wholesalers on the other hand constituted 'sales' within the meaning of bengal finance (sales tax) act, 1941 and sales tax was leviable on the turnover. in that case vishnu agencies was a licensed stockist of cement who was permitted to stock cement in its godown, to be ..... the real effect of the transactions. accordingly, it was held that the impugned transaction was a 'sale' liable to sales tax under section 2(g) of c.p. and berar sales tax act, 1947. in the case of udupi taluk agricultural produce co-operative marketing society ltd. v. commissioner of income-tax : [1987]166itr365(kar) , the assessee, a co-operative society, claimed ..... allotment issued in its favour by the competent authority. it was held that offer and acceptance need not always be in an elementary form, nor does the law of contract or sale of goods act require that the consent to a contract must be express. it is commonplace that offer and acceptance can be spelt out from the conduct of the parties ..... any purpose besides storing, processing or facilitating the marketing of commodities, then, the assessee is not entitled to such exemption. [see: law and practice of income-tax by kanga & palkhivala, eighth edition, page 995]14. coming to the case law on the distinction between contract of sale and contract of agency, we may state that there is no straight- jacket formula. however .....

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Apr 19 1961 (HC)

Bashir Oil Mills Vs. the State of Maharashtra

Court : Mumbai

Reported in : (1961)63BOMLR751

..... municipal committee is a committee constituted under the c. p. and berar municipalities act, 1922. the municipal committee framed certain bye-laws purporting to act under section 179(1) (cc) of the municipal act read with section 133(1) (e) of the said act. the bye-laws were confirmed by the provincial government and were brought into force under ..... -mills from which of pensive or unwholesome smells, noises or smoke arise.32. the question is what is the effect of the amendment made in 1941 in bye-law no. 1 framed for this purpose. to my mind the deletion of the words 'from which offensive or unwholesome smells, noises, or smoke arise ..... day after the first during which such breach is proved to have been persisted in.8. by a subsequent notification dated november 17, 1941, an amendment was effected in bye-law no. 1. this amending notification is as under:-8829-4221-m-xiii:-in exercise of the powers conferred by sub-section (3) ..... , noise or smoke arise.31. i find it difficult to accept this construction of the amendment effected in. bye-law no. 1 in 1941. in deciding the issue as to whether the bye-law as amended has exceeded the powers of regulation governed in section 133(1) (e), one must bear in mind ..... to be used as a flour mill or an oil mill 'from which offensive or unwholesome smells, noises or smoke arise', by the amendment effected in 1941 the words 'from which offensive or unwholesome smells, noises or smoke arise' after the words 'flour-mill or an oil-mill' have been deleted.9. .....

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Feb 20 1962 (HC)

Municipal Committee, Dhamangaon and anr. Vs. Hirabai and ors.

Court : Mumbai

Reported in : AIR1963Bom225; (1962)64BOMLR602; ILR1963Bom612

..... that did not apply to taxes imposed under clause (b) of sub-section (1) of section 66 of the central provinces and berar municipalities act, 1922, by virtue of section 3 of act xx of 1941 read with item no. 4 in the schedule. therefore, so far as the present municipal committee is concerned, the passing of this ..... -enhanced rate, the total amount payable may not be more than rs. 50/- the imposition and the levy may to that extent -be said to be lawful. but as soon as that limit was crossed and a bill for the recovery of a larger amount was served on the parties, the result actually amounted ..... which exceeded fifty rupees per annum, the preceding provisions of this sub-section shall, unless for the time being provision to the contrary is made by a law of the dominion legislature, have effect in relation to that province, municipality, board or authority as if for the reference to fifty rupees per annum there were ..... case the municipality levied an octroi duty on fuel oil or furnace oil which was not comprised in the items enumerated in the octroi rules and by-laws. . in a claim for refund of the amount wrongfully levied the question had to be considered whether the recovery of the tax from the mills was ..... 33/-for the period 29-3-1949 to 27-8-1952.6. in the two suits which have given rise to the two second appeals, no mistake of law was pleaded but, otherwise, contentions were raised with regard to the illegality of the imposition, and recovery on similar grounds. in civil suit no. 100-b .....

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Dec 15 1965 (HC)

Manoharrao Gangadhar Rao Vs. Municipal Council and anr.

Court : Madhya Pradesh

Reported in : AIR1966MP235

..... the proviso to sub-section (2) of section 142a, enacted the 'professions tax limitation act, 1941' (act no. xx of 1941), which came into force on 1st april 1942. sections 2 and 3 of act no. xx of 1941 are in the following terms--'2. notwithstanding the provisions of any law for the time being in force, any taxes payable in respect of any one person to ..... c. p, and berar municipalities act, 1922, fell under the proviso to sub-section (2) of section 142a of the government of india ..... tax imposed under section 66 (1) (b) of the c. p. and berar municipalities act, 1922, from this limit of a maximum of rs. 50 per annum payable by any one person by way of tax on profession, trade, calling or employment. the effect of the professions tax limitation act, 1941, was that if a tax imposed under section 66 (1) (b) of the ..... clause (b) of sub-section (1) of section 66 of the c. p. and berar municipalities act, 1922, is one of the taxes specified in the schedule to the act no. xx of 1941. article 276 of the constitution is as follows--' 276. (1) notwithstanding anything in article 246, no law of the legislature of a state relating to taxes for [he benefit of the .....

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Nov 02 1962 (SC)

Anant Prasad Lakshminivas Generiwal Vs. State of Andhra Pradesh and or ...

Court : Supreme Court of India

Reported in : AIR1963SC853; [1963]Supp1SCR844

..... . (2) the regulations and the rules framed thereunder are no longer in force as they must be deemed to have been repealed by the part b states (laws) act, no. iii of 1951; (3) the regulations and the rules framed thereunder are repugnant to art. 14; (4) the regulations and the rules framed thereunder ..... (2). 16. the contention in this regard is that the part b states (laws) act, 1951, applied certain central acts to the part b state of hyderabad, as it then was, from april 1, 1951, and s. 6 of this act lays down that 'if immediately before the appointed day, there is in force in any ..... cannot be said to have repealed the regulations by virtue of s. 6 of the part b states (laws) act, 1951. re. (3). 18. the contention under this head is that there are two laws in force in two parts of the state of andhra pradesh with respect to religious endowments, and these two ..... of madhya pradesh took the place of the old central provinces and berar. the state of madhya pradesh enacted a law known as the madhya pradesh abolition of proprietary rights (estates, mahals, alienated lands) act, no. 1 of 1951. in consequence of this law, the two villages were taken over by the state and statutory compensation ..... which had the right to call for accounts of the villages and was responsible to see that the conditions of the grant were fulfilled, and in 1941 this position seems to have been accepted by the government of hyderabad. 3. after the constitution came into force from january 26, 1950, the state .....

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