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Judgment Search Results Home > Cases Phrase: hindu marriges validation of proceedings act 1960 Court: supreme court of india Year: 1997 Page 1 of about 9 results (0.097 seconds)

Mar 11 1997 (SC)

M/S. Meera and Company, Ludhiana Etc. Vs. Commissioner of Income-tax, ...

Court : Supreme Court of India

Decided on : Mar-11-1997

Reported in : AIR1997SC1973; (1997)139CTR(SC)442; [1997]224ITR635(SC); JT1997(3)SC692; (1997)4SCC677; [1997]2SCR991

..... death of oomr shaib, carried on the business. noorullah through his next friend applied to sue in forma pauperis and during the pendency of those proceedings two advocates of the high court were appointed joint receivers of the properties of the deceased on march 17, 1943. on may 10, 1943, ..... the case of a.n. agarwal, assessment was made in the status of individual for the years 1964-65 and 1965-66. in those proceedings special leave petitions have also been filed. the point involved in this case is not the same as the point that came up for consideration ..... words :previous to the year 1924, the words of the section in question were 'individual, company, firm and hindu undivided family'. by the indian income tax amendment act of 1924 (act xi of 1924) the words 'individual, hindu undivided family, company, firm, and other association of individuals' were substituted for the former words. those words ..... bill passed through the select committee clause (xviii) of section 2 was modified and 'person' was defined as under:(xviii) 'person' includes a hindu undivided family or a company on an association or a body of individuals or persons, whether incorporated or not; 35. the income tax bill was ..... like the members of a dayabhaga family.19. in the case of commissioner of income tax, bombay north kutch and saurashtra v. indira balkrishna : [1960]39itr546(sc) , this court held that 'association of persons' meant an association in which two or more persons joined in a common purpose or common .....

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Sep 17 1997 (SC)

Shri Jagannath Temple Puri Management Committee Represented Through It ...

Court : Supreme Court of India

Decided on : Sep-17-1997

Reported in : JT1997(8)SC98; 1997(6)SCALE150; (1997)8SCC422

..... of a.p. and anr. : [1996]1scr603 where one of the points that came up for consideration was the validity of section 144 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987. section 144 did away with the system of payment of a share of offerings made 'either in kind ..... venkataramana devaru and ors. v. the state of mysore and ors. : [1958]1scr895 , the validity of the madras temple entry authorisation act came up for consideration. by this act the disability of harijans from entering into hindu public temples was removed. the trustees of sri venkataramana contended that it was a private temple and ..... are appointed by the administrator and have to do the jobs assigned to them by the administrator. the administrator has the power to take disciplinary proceedings against them whenever necessary. the administrator has also been empowered to prepare a schedule of the employees of the temple and fix their salaries etc. ..... , the second part of the sub-section which enabled the state government to frame rules in regard to the allowances payable to the goswami was valid. it was held :we think it is but fair that this part should be upheld so that a proper rule can be made by the ..... temple and its properties and also for training of sevaks to perform religious ceremonies in the temple.22. a writ petition was filed challenging the constitutional validity of sections 28-b(5), 28-c(5)(a) and 28-c(9) by some of the sevaks. their contention was that they were .....

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Jul 11 1997 (SC)

S.S. Bola and Others Vs. B.D. Sardana and Others

Court : Supreme Court of India

Decided on : Jul-11-1997

Reported in : AIR1997SC3127; JT1997(6)SC637; 1997(5)SCALE90; (1997)8SCC522; [1997]Supp2SCR507

..... . the rendering ineffective of judgments or orders of competent courts by changing their basis by legislative enactment is a well-known pattern of all validating acts. such validating legislation which removes the causes of ineffectiveness or invalidity of action or proceedings cannot be considered as encroachment on judicial power. the legislature, however, cannot by a bare declaration, without more, directly overrule, reverse or set ..... scr 476 72 air 1963 sc 1667 : (1963) 50 itr 171 : (1964) 1 scr 897 1995 cri lj 2919 73 air 1952 sc 369 : 1953 scr 1 74 air 1960 sc 12 : (1960) 1 scr 200 75 air 1963 sc 1241 : (1964) 1 scr 371 76 (1976) 4 scc 177 : 1976 scc (tax) 457 77 air 1957 sc 907 : 1958 scr 360 ..... the court was not validly removed by the validating act, which is an essential requisite for passing a validation act. it was, accordingly declared as invalid by a bench of three judges. in peddinti venkata murali ranganatha desika iyengar v. govt. of a.p.38 this court was to consider the constitutionality of section 76 of the a.p. charitable and hindu religious institutions and endowments ..... act, 1987. the question that arose was whether the legislature, by a side wind, without suitably amending the inams abolition act, as interpreted by the high court, or repealing it, could directly nullify the said law laid by the .....

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Jul 11 1997 (SC)

Samatha Vs. State of A.P. and ors.

Court : Supreme Court of India

Decided on : Jul-11-1997

Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305

..... transfer, of the land in schedule area by a tribal to a non-tribal natural persons. the leases granted in accordance with the provisions of the mining act to non-tribals are valid. the fc act was not violated by grant of leases or renewal thereof. therefore, the writ, as sought for, was not available. resultantly, the writ petitions were dismissed. 7. in ..... or residence, however, "we are of the view that the interest of the tribal need to be safeguarded in view of the increasing pressure on land every where. we have proceeded accordingly that the allotment of vacant land belonging to the state in scheduled area should not be made except in accordance with special regulation made by the government on the ..... land and remedy of restoration thereof is provided. in manipur, the manipur land reforms and land revenue act, 1970 was made similarly, the orissa scheduled areas (transfer of immovable property) regulation and also orissa land reforms act, 1960 were made for the same purpose. the rajasthan tenancy act, 1955, as amended in 1956, prohibits such transfer of lands. in sikkim, sikkim revenue order, 1977 ..... . while interpreting article 19(1)(g) of the constitution, this court has consistently being held that the term 'regulation' would include total prohibition vide narendra kumar vs. union of india [(1960) 2scr 372] fatehchand himmatlal vs. state of maharashtra [(1977) 2 scc 670; state of u.p. & ors. vs. hindustan aluminium corpn. and ors. [(1979) 3 scc 229]; k.ramanathan vs .....

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Jan 10 1997 (SC)

Bhuri Nath and ors. Vs. State of Jandk and ors.

Court : Supreme Court of India

Decided on : Jan-10-1997

Reported in : AIR1997SC1711; JT1997(1)SC546; (1997)2SCC745; [1997]1SCR138

..... the state or corporation owned or controlled by the state. it was held that the effect of the constitution, by the constitution (9th amendment) act, 1960 by no stretch of imagination could be regarded as transfer of berubari union no. 12 to pakistan as transfer of the ownership or of right ..... be in the possession of dharmarth trust. the ownership of shri mata vaishno deviji is under the management of dharmarth trust. it was mutated by proceedings dated october 18, 1986 that the properties of shri mata vaishno deviji are under the management of the shrine board. it is stated that the ..... a law which fixed compensation which amounted to 80 per cent of full and fair money equivalent would not violate article 31(2) and was a valid law. the 4th amendment achieved this result by introducing the concept of inadequate compensation. on consideration of above provisions, we have, therefore, no hesitation ..... to dissolve the board of trustees of tirumala tirupathi devasthanam and the board of trustees of other institutions and reconstitution thereof. similarly, in bihar hindu religious trusts act, 1950, sections 7 and 8 give power to the state government for appointment of the members of the board and section 80 empowers the ..... of the state with the aid and advice of the council of ministers. his power to nominate a member is conditioned upon his being a hindu; he does not suffer from any disqualification. the power to dissolve or supersede the board or reconstitution of the board within a period of .....

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Nov 27 1997 (SC)

Abdulalim Vs. Sheikh JamaluddIn Ansari and Others

Court : Supreme Court of India

Decided on : Nov-27-1997

..... . a. 1650/67 decided by this court on 4th of january, 1968 in this case bihar university regulations from under the bihar state universities act, 1960 provided that a board of moderators must consist of five members of whom two must h external experts. two external experts were invited to join the ..... chief secretary on behalf of the state government that the government will introduce legislation if found necessary and so advised, the division bench should have proceeded to again give the same direction. thus the division bench was clearly not entitled to do. it is entirely a matter for the executive ..... the candidate and recorded on the award sheet supplied to the experts. the award is as per answers given in the answer booklet. the proceedings of the day including the viva voce of each candidate is tape recorded and kept on record. the awards of the written examination and viva ..... mere fact that one member did not participate in the selection does not ipso facto render the selections illegal. mr. anil dev singh disputed the validity of selection placing reliance on the united commercial bank ltd, vs their workmen : (1951)illj621sc . in this case central government had constituted in- ..... months. by a majority judgment this court held that the two remaining members were not a duly constituted tribunal and any proceedings in the absence of the third member without reconstituting the tribunal were without jurisdiction. this court, construing the provisions of sections 7 and 8 .....

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Mar 19 1997 (SC)

B.O.i. Finance Ltd. Vs. Custodian and ors.

Court : Supreme Court of India

Decided on : Mar-19-1997

Reported in : AIR1997SC1952; 1997(4)ALLMR(SC)450; [1997]89CompCas74(SC); JT1997(4)SC15; 1996(5)SCALE17; (1997)10SCC488; [1997]3SCR51

..... be guilty and could be punished but, it was submitted, the mandatory provision not having been followed no valid contract could come into existence and, consequently the cane commissioner had no jurisdiction to proceed in the matter for appointment of an arbitrator. while repelling the contention, this court at page 780 observed as ..... : 1861 all er rep 154; alexander v. rayson (1936) kb 169 : (1935) all er rep 185 and sajan singh v. sardara ali (1960) 1 all er 269 : (1960) ac 167.57. it was submitted by mr. setalvad that the principle of law enunciated in the aforesaid decisions in england is restricted in its application ..... er rep 185 bowmakers ltd. v. bamet instruments ltd. (1944) 2 all er 579 : (1945) kb 65, sajan singh v. sardara ali (1960) 1 all er 269: , (1960) ac 167 to the extent, at least, of his third proposition it would appear that there has been some modification over the years of lord eldon lc ..... transfers which had already taken place.48. reference may first be made to the decision of the privy council in sajan singh v. sardara ali (1960) a.c. 167. in that case the regulations which had been framed provided that no person could use or sell a motor vehicle for the ..... special court (trial of offences relating to transactions in securities) ordinance 1992 was issued on 6.6.1992 which was subsequently replaced by the act.special courts act, 1992:4. the necessity for issuance of the said ordinance is contained in the statement of objects and reasons which reads as follow:in the .....

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Jan 17 1997 (SC)

Rajkot Municipal Corporation Vs. Manjulben Jayantilal Nakum and ors.

Court : Supreme Court of India

Decided on : Jan-17-1997

Reported in : II(1997)ACC1; 1997ACJ721; JT1997(1)SC580; (1997)115PLR785; (1997)9SCC552; [1997]1SCR304

..... .12. negligence and tort have been viewed without elaborately embarking upon the definition of 'tort' applicable to varied circumstances and the scope of negligence in its wider perspective, let us proceed to consider the meaning of 'negligence' in the context of tort liability arising in this case. in every case giving rise to tortious liability, tort consists of injury and damage ..... is merely one of the circumstances which enabled the defendant to claim that the highway authority came under the duty of care.52. in burton v. west suffolk county council (1960) 2 wlr 745, a highway authority carried out certain drainage work on a road to improve its conditions since it was inadequate to prevent hooding when the road was subjected ..... conduct brought with unreasonable risk of damage to another. the question whether duty consists in a particular situation involves determination as a question of law.15. negligence would include both acts and omissions involving unreasonable risk of having done harm to another. the breach of duty must cause damage. how much of the damage to be compensated by the defendant should ..... of death of jayantilal has proximate relationship with the negligence giving rise to tortious liability, entailing payment of compensation to the respondents? the marginal note of section 66 of the act indicates 'matters which may be provided for by the corporation at its discretion'. it envisages that the corporation may in its discretion, provides from time to time, wholly or .....

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Mar 10 1997 (SC)

Process Technicians and Analyst's Union Vs. Union of India and others

Court : Supreme Court of India

Decided on : Mar-10-1997

Reported in : AIR1997SC1288; JT1997(4)SC44; (1997)ILLJ1217SC; 1997(2)SCALE670; (1997)10SCC142; [1997]2SCR798

..... shri prithvi cotton mills ltd. and anr. v. broach borough municipality and ors. : [1971]79itr136(sc) a bench of five judges of this court examined the efficacy of a validating act which retrospectively validated the levy of a tax. it said that ordinarily a court holds a tax to be invalidly imposed because the power to tax is wanting or the statute or ..... writ petitions were heard together. by a common judgment and order, a division bench of the bombay high court has dismissed these writ petitions and has upheld the constitutional validity of the said act of 1988 and the scheme of 1989. 9. the present appeal is filed by the appellant-union from the judgment and order of the division bench of the ..... passed, there was no necessity for proceeding with the appeal. as a result, the writ of mandamus issued by the single judge of the calcutta high court remained in tact. the associations of employees filed writ petitions before this court challenging the constitutional validity of the life insurance corporation (modification of settlement) act, 1976. this court said that the real objective of this ..... and maximum value which is arrived at by providing for increments. the second component is dearness allowance which is linked to the all india consumer price index simla series (base 1960 = 100). all public sector enterprises follow the same industrial d.a. pattern. the third component is house rent allowance which is payable at the rate of 30% of the basic .....

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