Court : Chennai
Reported in : 101ITR373(Mad)
..... .18. it is true that there was a letter of 7th july, 1971, asking for an explanation with reference to the proposed proceedings under section 132(5) of the act. section 132(5) would come in for application only where any money, bullion or other articles are seized. where there is no seizure, ..... and placed under prohibitory order under rule 112(3) of the income-tax rules, pending valuation. it was stated therein that the search proceedings under section 132 of the act had not come to an end. a copy of the panchanama was handed over to the petitioner.2. on the same day, ..... the premises on which the goods are situate, together with an intimation of an intention to seize the goods, will amount to a valid seizure............but some act must be done sufficient to intimate to the judgment-debtor or his servants that a seizure has been made............'17. though the almirah and ..... out argument submitted broadly :(1) that the writ petition should be dismissed in limine as the petitioner had availed himself of the right of appeal conferred by section 132(11) of the act, which was in effect an alternative remedy; (2) that the facts clearly show that the proceedings resulting in the seizure were ..... 1972, for the receipt of the keys.5. thereafter, the petitioner offered on 3rd july, 1972, security in the shape of life insurance policy and title deeds so as to enable the respondents to release the jewellery and the silverware. however, on 18th october, 1972, these items of security were returned by .....Tag this Judgment!
Court : Chennai
Reported in : (1998)IILLJ1181Mad
..... government and a reference sought for was declined and therefore, in the absence of any challenge to the same or any pending proceedings in this regard, there is no scope for making any grievance of violation of section 33 of the act also.14. before undertaking a consideration of the merits of the contentions of the learned counsel on either side, it would ..... the view that no writ can lie for enforcing the terms of the settlement entered into between parties under section 19 of the industrial disputes act and, any grievance in this regard may have to be projected by initiating proceedings under the industrial disputes act itself. it is against the said order of the learned single judge, the writ appeal came to be filed ..... out without any further enquiry into the details of the merits of the claims. an adjudication of such issues as have been raised on merits for the claims in these proceedings would involve further collection of material and detailed enquiry and the existing situation as also the respective rights of parties. all such exercises in our view, have to be undertaken ..... cadre pursuant to the advertisement in 'the hindu' dated january 11, 1997, till such time service conditions are duly altered in accordance with sections 9-a and 33 of the industrial disputes act, 1947.4. the claim of the employees' union in this case is based upon the settlement entered into earlier under section 18(1) of the act on january 7, 1987, which admittedly came .....Tag this Judgment!
Court : Chennai
Reported in : AIR2008Mad244
..... proceedings may be conducted 'in-camera' and that no publicity be given. on the other hand, the press had contended that the provisions of section 11 of the family courts act will have an overriding effect on section 20 of the hindu marriage act.3. even at the stage of interim application of stay, this court after considering the scope and extent of section 22(1) of the hindu marriage act ..... publishes any matter in contravention of the provisions contained in sub-section (1), he shall be punishable with fine which may extend to one thousand rupees.16. section 36 of the children act, 1960 deals with the prohibition or publications of names, etc., of children involved in any proceeding under the act and it reads as follows:(1) no report in any newspaper, magazine or news sheet of ..... any inquiry regarding a child under this act shall disclose the name, address or school or any .....Tag this Judgment!
Court : Kolkata
Reported in : (1988)69CTR(Cal)188,169ITR400(Cal)
..... available to the public on and from that date, the date of the publication of the notice would have to be taken to be july 25, 1978. the proceedings under section 269d(1) of the said act, it was held, were therefore, barred by limitation.14. on the question of valuation, it was contended on behalf of the assessee before the tribunal that taking ..... cited for the following observations (headnote) : 'it is well recognised that the determination of fair market value of a capital asset is generally a matter of estimate based, to some extent, on guess work and despite the utmost bona fides, the estimate of the fair market value is bound to vary from individual to individual. therefore, unless a clear error of ..... property in their occupation to others without surrendering their tenancy. portions of the said premises were occupied by trespassers from whom collection of rent was difficult and there were several title suits pending. it was contended further that the valuation of the said property as suggested by the respondent had been more or less accepted in the wealth-tax assessment of ..... of the actual date of publication of a notice under section 269d(1) of the income-tax act, 1961. the supreme court, it was contended, had subsequently pronounced on the meaning of the expression 'publication' and had held that a mere communication of a matter to the government department concerned would not be a valid publication if the matter was not brought to the .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1973Cal434
..... corporation of calcutta, its officers, and the respondent no. 5 from giving effect to or from proceeding with the construction on the disputed premises in accordance with the sanctioned plan.2. the respondents nos. 1 to 4 as well as the respondent no. 5 denied that the plan for the proposed construction on ..... dutt accordingly argued that in the present case there could not be, and there was no valid reference to arbitration. in our view this contention of mr. dutt must be upheld. but even though there was no valid reference to arbitration and even though the report submitted by shri guha may not be an ..... on april 25, 1969. at the hearing on that day an objection was taken by the learned advocate appearing for the appellant (petitioner no. 1) to the effect that as the matter had been referred to the commissioner of the corporation of calcutta and as shri guha had ceased to be ..... proceeding must be a suit. in the present case the dispute between the parties formed the subject-matter of an application under article 226 of the constitution. the contention of mr. dutt is that an application under article 226 of the constitution is not a suit and therefore section 21 of the arbitration act, ..... the disputed premises was sanctioned in violation of the rules, and asserted that the sanction accorded by the corporation of calcutta was perfectly legal and valid. the respondent no. 5 .....Tag this Judgment!
Court : Chennai
..... therefore it is in violation of article 21 of the constitution of india and therefore unconstitutional. the action of the second respondent in not initiating proceedings against the petitioner and her husband under rule 4a of the tamil nadu subordinate police officers conduct rules, 1964, is causing prejudice to the ..... truth of the charge is the function of the disciplinary authority. it is a well settled principle of law that court can consider the validity of charge memo if the charge memo was issued by an authority not having jurisdiction to issue the charge memo, or if the charge ..... the are bound by the provisions of the hindu marriage act, 1955. section 5(i) of the act clearly states that neither party has a spouse living at the time of the marriage. section 17 of the act makes the marriage between two hindus void if two conditions are satisfied: (1) the marriage is solemnised after the commencement ..... her husband having married the said maina with the consent of other spouse, calling the petitioner as second wife of the said venkatesh and proceeding against the petitioner by issuing charge memo is unsustainable. the rule enables the officer to obtain permission from the government, if the personal law ..... meaning cannot be given to the restraint put by way of conditions of service in rule 21 for, as i have observed earlier, a restraint put in consonance with a valid law cannot be regarded as a restraint in contravention of article 21 of the constitution."a division bench of the .....Tag this Judgment!
Court : Karnataka
..... usa, had jurisdiction to entertain the proceedings for judicial separation and divorce at the instance of defendant no.1, who was married to the plaintiff, according to hindu religious rites in india, and were governed by the hindu marriage act, 1955, and continued to be indian ..... the acquiescence to the jurisdiction of the court which may be valid in other matters and areas should be ignored and deemed inappropriate.17. the second part of clause (c) of section 13 states that where the judgment is founded on a refusal ..... between the parties thereto or between the parties under whom they or any one of them litigate under the same title. one such condition was that the judgment must have been given on the merits of the case. whether the ..... along with their family, consisting of their three sons till 1981 when the plaintiff came to india supposedly for a short visit and thereafter refused to join the first defendant, inspite of several requests made, and the plaintiff having been served ..... find a solution to such schizoid situations as the british parliament had to a large extent done by passing the recognition of divorces and legal separations act, 1971 and hoped that the scheme for relieving the confusion caused by differing systems of ..... and decree 2.4.2002 passed in o.s.no.1960/1983 on the file of the i additional city civil judge, bangalore, dismissing the suit for declaration and consequential relief of permanent injunction.)1. heard the learned counsel for the parties. the parties .....Tag this Judgment!
Court : Supreme Court of India
..... a) of sub-section (1) of section 3 of the act, applies to other forest rights mentioned in section 3(1) of the act. it is clarified that the four hectare limit specified in section 4(6) applies to rights under section 3(1)(a) of the act only and not to any other right under section 3(1), such as ..... environmental clearance letter clearly stated that no forest land was involved in the project. in march 2005, in proceedings before itself, the central empowered committee (cec) too questioned the validity of the environmental clearance granted by the moeandf and requested the ministry to withhold the forest clearance on the ..... report on 17.01.1995 and favoured democratic, decentralization in scheduled areas. based on the recommendations, the panchayat (extension to scheduled areas) act, 1996 (for short pesa act) was enacted by the parliament in the year 1996, extending the provisions of part ix of the constitution relating to panchayats to the ..... and a copy of the order should be supplied to the claimant. e) on completion of the process of settlement of rights and issue of titles as specified in annexures ii, iii and iv of the rules, the revenue / forest departments shall prepare a final map of the forest ..... bauxite mining for a public sector corporation. gram sabha and other authorities: 51. under section 6 of the act, gram sabha shall be the authority to initiate the process for determining the nature and extent of individual or community forest rights or both and that may be given to the .....Tag this Judgment!
Court : Supreme Court of India
..... a) of sub-section (1) of section 3 of the act, applies to other forest rights mentioned in section 3(1) of the act. it is clarified that the four hectare limit specified in section 4(6) applies to rights under section 3(1)(a) of the act only and not to any other right under section 3(1), such as ..... environmental clearance letter clearly stated that no forest land was involved in the project. in march 2005, in proceedings before itself, the central empowered committee (cec) too questioned the validity of the environmental clearance granted by the moe&f and requested the ministry to withhold the forest clearance on ..... report on 17.01.1995 and favoured democratic, decentralization in scheduled areas. based on the recommendations, the panchayat (extension to scheduled areas) act, 1996 (for short pesa act ) was enacted by the parliament in the year 1996, extending the provisions of part ix of the constitution relating to panchayats to the ..... and a copy of the order should be supplied to the claimant. e) on completion of the process of settlement of rights and issue of titles as specified in annexures ii, iii & iv of the rules, the revenue / forest departments shall prepare a final map of the forest land ..... bauxite mining for a public sector corporation. gram sabha and other authorities:51. under section 6 of the act, gram sabha shall be the authority to initiate the process for determining the nature and extent of individual or community forest rights or both and that may be given to the .....Tag this Judgment!
Court : Rajasthan Jodhpur
..... a civil court, family court or criminal court, affecting the aggrieved person and the respondent whether such proceeding was initiated before or after the commencement of the act and any relief referred to in sub- section (1) of section 26 may also be sought for in addition to and along with any other relief that the aggrieved person may seek in such suit ..... the counsel appearing for the respondents, it is to be noticed that in that case, the marriage between the parties was dissolved by a decree of divorce under section 13b of hindu marriage act, 1955 on 20.3.08. thereafter, the wife filed a complaint under the provisions of protection of women from domestic violence ..... includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household.32. once again, the definition of shared household . like that of aggrieved person . and domestic relationship . is wide in its scope and ..... attention on the gender based oppression of women. the hindu succession act, 1956, the dowry prohibition act, 1961, the maternity benefit act, 1961, the medical termination of pregnancy act, 1971, equal remuneration act, 1976, criminal law (second amendment )act, 1983 , commission of sati (prevention ) act, 1989, the immoral traffic (prevention )act, 1956, the indecent representation of women (prohibition) act, 1986, are few legislation enacted with a view to .....Tag this Judgment!