Court : Rajasthan
Reported in : AIR1960Raj224
..... 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 ..... thought fit to the kotah state or any part thereof any laws of india which were in force in india at the date of such notification. section 4 is far more important. it says -'for the purpose of facilitating the application or extension to the kotah state or any part thereof of the laws of india - (1) any court or authority may, subject to ..... can be recovered in such an action: (i) personal suffering and loss of enjoyment of life; (ii) actual pecuniary loss resulting to and expensed reaspnably incurred by the plaintiff; and (iii) the probable future loss of income by reason of incapacity or diminished capacity for work. we have already dealt with the second head. we do not see any reason to ..... the other provisions of this act, construe the laws of india, mutatis mutandis i. e. with such alterations .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1968SC366; (1968)70BOMLR353; 1SCR362
..... necessary to examine the scheme and the provisions of the act insofar as they are relevant to the question of determination of compensation, the question of apportionment of the compensation, and the question as to the persons who are entitled to be heard. section 3(b) defines the expression 'person interested' as follows ..... from the above discussion it follows that a person claiming an interest in compensation is entitled to be heard under sections 20 and 21 of the act. the provisions of the act, including sections 20 and 21, do not prescribe that his claim to an interest in compensation should be 'as compensation' as ..... the parties will be at liberty to file the compromise petition in the civil court where proceedings are pending on reference under section 18 of the land acquisition act.' the high court, in order to safeguard the interests of the parties, kept these proceedings pending till the decision on the ..... civil judge, akola. on july 22, 1957, the civil court referred the matter to the revenue court under s. 16-a of the berar regulation of agricultural leases act, 1951. on july 25, 1958, the sub-divisional officer, akola, answered the reference (revenue case no. 79 of 1957-58) holding ..... that the land was leased for horticulture purposes and that he not acquired the status of protected lessee, as defined in the berar regulation of agricultural leases act, 1951. khushal singh further stated that he had no objection to the quashing of the orders of the bombay revenue tribunal dated .....Tag this Judgment!
Court : Chennai
Reported in : 240ITR599(Mad)
..... at the instance of the revenue, the income-tax appellate tribunal, madras, has stated a case and referred the following question of law under section 256(1) of the income-tax act, 1961 : 'whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the ..... partnership deed was the subject-matter of consideration in the matter of grant of registration under the provisions of the income-tax act, 1961 (hereinafter referred to as 'the act'). 3. the said clause 12 reads as under : 'the net profits or losses shall be arrived at after charging all the ..... |commission| in | partner| | to | loans (if | or other | the | | |partnership| any) | remu- | balance | | | | | neration | of profit | | | | |from firm |(or loss) : | | | | | | percentage | | | | | | | ------------------------------------------------------------------------ (1) | (2) | (3) | (4) | (5) | (6) | (7) ------------------------------------------------------------------------ (a) ............ (b) ............ ------------------------------------------------------------------------ notes :.... if any partner is entitled to share in profits but is not liable to bear a similar proportion of any losses, this fact ..... a partner. one minor by name, selvi m. visalakshi, daughter of muthiah, was admitted to the benefits of the partnership. in sub-paragraph 3 of the partnership deed, it is clearly stated that the adult members would be the partners. the capital of the partnership firm was stated to .....Tag this Judgment!
Court : Gujarat
Reported in : (1997)1GLR462
..... , by resolution, dated june 26, 1995, (second resolution), necessary sanction was accorded. the second resolution was thus legal and valid and stay requires to be vacated.7. i have heard extensively mr. b.r. shah, senior counsel for mr. k.s. nanavati for the petitioner; mr. a.s. vakil, learned counsel for respondent no. 1-state bank of saurashtra and ..... of india, the transactions dealt with by the funds management cell during 1991-92 headed by one mr. m.s. shrinivasan were investigated and records of the cell were scrutinised. certain irregularities were observed in transaction of security and issuance of receipts. according to the department, there was pre-planning and connivance between mr. shrinivasan and one mr. harshad mehta, ..... which enabled the authority to add, amend, vary or rescind any notification, order, rule or bye-laws issued by the authority. repelling the contention, considering the relevant provisions of the industrial disputes act and holding that the provisions of section 21 of the general clauses act would not apply to the facts of the case, the supreme court stated:apart from these provisions ..... committee.(emphasis supplied)14. from the above resolution, it is clear that the first respondent bank itself was satisfied about (i) lapses; (ii) which were of a serious nature; (iii) they were actionable; and (iv) they were such that departmental and disciplinary proceedings were required to be initiated; (v) for imposition of major penalty.15. having said so, the first .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1975Bom270; 1975MhLJ444
..... (3) of the berar regulation of agricultural leases act, 1951 (hereinafter refereed to as the berar act 1951) to challenge the notice served upon him by his landlord under section 9(1) of the said act.2. the facts giving rise to the present petition may be stated. the respondent is a landlady of certain field, bearing survey number 3, admeasuring 29 acres 19 gunthas, situated at ..... mouza karak, in tahsil yeotmal. the petitioner has been a tenant of his land since 1956 onwards and admittedly was a protected lessee within the meaning of that expression as given in the berar act 1951. the respondent landlady served a notice dated 14th december. 1957 on the petitioner tenant under section ..... come to an end until an order had been made under sub-section (3) of section 19'.as regards the position under section 9 read with section 19 of the berar act 1951, this is what the full bench has observed, (vide para. 9):-'sub-section (1) of section 9 of the berar regulation of agricultural leases act gave a right to the land-holder to terminate the lease ..... it is true that the full bench ultimately took the view that the proceeding started on an application under section 19(1) of the berar regulation of agricultural leases act was a part or continuation of the proceeding under section 8 or under sub-section (3) of section 9, for the lessee's rights could not be said to have been effectively determined until an order .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1977SC1246; (1977)2SCC413; 3SCR14; 1977(9)LC233(SC)
..... appeal failed and the tenant was hold to be protected lessee for a period of five years from 1951-55.3. availing himself of the benefit of section 9a of the berar regulation of agricultural leases act which enabled the minor to get possession within 3 years of his attaining majority he filed a petition for it. by an order dated 8th august, 1955 the ..... of the berar regulation of agricultural leases act and that his possession thereafter was not in the capacity of a tenant and therefore set aside the order dated 30th september, 1963 and allowed the landlord's claim for possession under section 132(3) of the bombay tenancy and agricultural lands. act, 1958. the tenant took up the matter to the revenue tribunal, nagpur and ..... narnarayan shall apply for possession of the suit filed after 31st march, 1956. this order admittedly became final pending the proceedings under section 9 a the landlord applied for recovery of mesne profits or in the alternative for lease amount. the land lord subsequently filed civil suit no. 3 of ..... sub divisional officer found that narnarayan is entitled to terminate the lease of the tenant kesheorao and ordered that lease of keshe orao is terminated under section 8a(2) of the berar regulation of agricultural leases act and further ordered under that section that .....Tag this Judgment!
Court : Patna
..... of the constitution? both the questions are interlined and as such the same will be disposed of together.12. article 19 of the constitution protects certain rights, including right 1o practise any profession, or to carry on any occupation, trade or business as provided under sub-clause (g) of ..... provision under the jharkhand sales tax act to obtain registration, event though not covered by the charging section. however, the learned single judge held that the state without amending law and without prescribing guideline or making rules under the bihar finance act or jharkhand sales tax act, incorporated the aforesaid condition.27. ..... a copy of the said stores purchase preference policy, 2002, has been annexed as annexure 'a'[ to the counter affidavit filed by respondent no. 3. in teems of the aforesaid policy, an amendment was made in the bihar finance rules by the bihar finance (amendment) rules, 2002. rule 2 ..... of the state; one on behalf of respondent no. 2 commissioner of commercial taxes, bihar, patna and the other on behalf of respondent no. 3 the deputy inspector general of police (provision), patna. however, the stand taken in both the counter-affidavits is the same.8. the industries ..... and they have filed the present writ application for quashing condition no. 1 in tender notice no. 10/2003-2004, issued by respondent no. 3 deputy inspector general of police (provision). old secretariat, patna, published on 31.7.2003 in the english daily newspaper, namely, 'hindustan times', .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1970Bom232; (1970)72BOMLR369; ILR1970Bom841; 1969MhLJ933
..... the mention of the two different dates could be understood. in other words, they sought to harmonise the provisions - of the unamended section,(iii) thirdly, they pointed out that in other parts of the act, particularly section 57(1) and (2) and section 119 b, the words 'partition' and 'transfer' were used side by side but in contradistinction with each other. therefore, the one could ..... (vidarbha region) act, 1958, provides that nothing in that section shall confer on a tenure holder who has acquired any land by transfer after the 1st day of august 1953, a ..... on which the naib tahsildar decided the application the position in law and upon the authorities was as follows: in manjurabai v. pralhad 1958 nag lj 100 a full bench of the revenue tribunal at nagpur had on 11-12-1957 held under section 9 (9) of the berar regulation of agricultural leases act that a partition is a transfer. on 24-6-1958 ..... provisions. it is also considered necessary to make certain provisions so as to remove the difficulties which have been noticed during the course of implementation of the act. the bill seeks to carry out these amendments.2. the following notes on clauses explain the provisions of the bill:clauses 2 and 3:--sub-section (7) of section 38 of the bombay tenancy and agricultural lands .....Tag this Judgment!
Court : Jharkhand
Reported in : 2007(2)BLJR1153; [2007(2)JCR180(Jhr)]; (2007)7VST109(Jharkh)
..... a dealer to pay the tax. exemption from payment of tax can only be granted in accordance with the procedure, prescribed under law. section 7(3) of the bihar finance act, 1981 provides for grant of exemption from payment of local tax whereas section 8(5)(k) provides for grant of exemption from payment of central sales tax in accordance with the conditions, prescribed therein ..... and, thus, it will break the vat chain. this argument of mr. modi is itself belied if we look to the provisions of section 57 of the vat act, clause (1) of which reads as under:57 exemption of certain sales and purchase. - (1) subject of such conditions as it may impose, the government may, if it is necessary so to do in ..... a supervening public equity; the government would be allowed to change its stand; it would then be able to withdraw from representation made by it which induced persons to take certain steps which may have gone adverse to the interest of such persons on account of such withdrawal. however, the court must satisfy itself that such a public interest exists....xx ..... .the petitioner-company formally applied for approval for diversification, which was assured vide letter dated 10th january, 1998 (annexure 6 to the writ petition). vide communication dated 16th april, 1999 certain clarifications were made as desired by the petitioner and it was also conveyed that the benefit of exemption will be available both on the state and central sales tax under .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 1996IIAD(SC)205; AIR1996SC1496; 1996(2)BLJR1251; JT1996(2)SC368; 1996(4)KarLJ594; 1996(2)SCALE182; (1996)9SCC171; 2SCR376; 1996(1)LC768(SC)
..... but does not include in the area to which the chotanagpur tenancy act, 1908 (ben. act vi of 1908) applies, a mundari khunt-katidar or a bhuihar.7. section 3 of the act gives the provisions of the act an overriding effect over all other law in force. section 4 fixes the ceiling area. the said act is quoted below in extenso :4. fixation of ceiling area of land ..... any company, institution, trust, association, or body of individuals whether incorporated or not.explanation ii - the personal law shall not be relevant or be taken into consideration in determining the composition of the family for the purposes of the act.'land holder' has been defined in section 2(g) thus : 2(g) 'land holder' means a family as defined in clause (ee) holding ..... insertion of clause (ee) and explanation ii thereto in section 2 of the said act?2. if the major sons of a family governed by the mitakshara school of hindu law are entitled to a separate unit under the said act then would a major son of a family governed by mohammedan law be debarred therefrom?3. whether the full bench in amamul hasan choudhaiy v ..... parties and, in our view rightly since the statutory definition of 'family' in section 2(ee) does not conceive of any personal law applicable to the said family and, therefore, no personal law can be taken into consideration for determination of the ceiling surplus with the land holder under the act. in order to test the correctness of the majority view, so far as .....Tag this Judgment!