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Judgment Search Results Home > Cases Phrase: hindu marriges validation of proceedings act 1960 Year: 1985 Page 4 of about 58 results (0.099 seconds)

Apr 02 1985 (HC)

Sriman Prabahan Mitra Vs. Sm. Madhuri Mitra and ors.

Court : Kolkata

Decided on : Apr-02-1985

Reported in : AIR1985Cal368

..... said contract is for the benefit of the minor and as such the court below rightly decreed the suit for specific performance of contract.13. before proceeding to consider the merits of the contentions raised on behalf of the parties it is relevant to mention the material provisions of the will executed by ..... of contract is a discretion of the court and the court is not bound to decree specific performance even if the contract of sale is otherwise valid. in the instant case considering the facts and circumstances i am constrained to hold that this court will be slow to grant this discretionary relief ..... the rights of the plaintiff in the property in any manner whatsoever. it has been pleaded that the said agreement of sale is not legal and valid and as such it cannot be specifically enforced against the minor probahan mitra, the plaintiff. it has also been pleaded that smt. madhuri mitra, ajoy ..... specific performance of contract subject to the natural guardian of the minor obtaining necessary permission from the court as provided in section 8 of the hindu minority and guardianship act, 1956. the above two decisions are not applicable to the facts of the present case inasmuch as in the supreme court case the natural ..... after the execution of the said will on dec. 3, 1954. the will was duly probated by the district delegate, alipore in act 39 case no. 155 of 1959 on feb. 19, 1960. on april 6, 1977 an agreement of sell of the said premises i.e. 25, mandeville garden, calcutta-19, comprising of .....

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Jan 01 1985 (HC)

Commissioner of Income-tax Vs. Birla Cotton Spinning and Weaving Mills ...

Court : Kolkata

Decided on : Jan-01-1985

Reported in : (1986)54CTR(Cal)257,[1986]157ITR516(Cal)

..... came to rs. 35,515. on assessment, however, his income was fixed at rs. 90,759. the income-tax officer thereafter proceeded to apply section 18a(9) of the 1922 act. in the view, therefore, that the assessee's estimate of income was untrue to his knowledge, the income-tax officer imposed the ..... against the assessee for that year. it is for the assessment year 1968-69 that the income-tax officer started penalty proceedings in terms of section 273(a) of the act. this, according to the tribunal, would also go to indicate that the assessee, had no mala fide intention of submitting untrue estimate. ..... effect to the appellate order, the income was finally assessed at rs. 16,25,636. the income-tax officer started penalty proceedings against the assessee in terms of section 273 of the act. the income which was finally determined was more than the income returned by the assessee.4. in the course of penalty ..... 3) and that the imposition of penalty under section 273(b) was valid. the high court affirmed the view taken by the tribunal.18. under section 273(a) of the income-tax act, 1961, corresponding to section 18a(9) of the 1922 act, penalty may be imposed for furnishing false estimate of advance tax payable ..... completed for the year 1959-60 at rs. 17,059 and for the second year 1960-61 on a total income of rs. 12,974. the income-tax officer imposed penalty under section 18a(9) of the old act for the aforesaid assessment years. it was contended before the appellate assistant commissioner that the .....

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Jan 31 1985 (HC)

Commissioner of Income-tax Vs. Birla Cotton Spinning and Weaving Mills ...

Court : Kolkata

Decided on : Jan-31-1985

Reported in : [1985]155ITR448(Cal)

..... the total income as furnished by him came to rs. 35,515. on assessment, however, his income was fixed at rs. 90,759. the ito thereafter proceeded to apply section 18a(9) of the 1922 act. in the view, therefore, that the assessee's estimate of income was untrue to his knowledge, the ito imposed the penalty in question. the assessee's ..... , whereas income returned was rs. 14,86,000. after giving effect to the appellate order, the income was finally assessed at rs. 16,25,636. the ito started penalty proceedings against the assessee in terms of section 273 of the act. the income which was finally determined was more than the income returned by the assessee. 4. in the course of penalty ..... estimate under section 212(3) and that the imposition of penalty under section 273(b) was valid. the high court affirmed the view taken by the tribunal. 18. under section 273(a) of the i.t. act, 1961, corresponding to section 18a(9) of the 1922 act, penalty may be imposed for furnishing false estimate of advance tax payable by the assessee. section ..... . 10,567. the assessment was completed for the year (1959-60) at rs. 17,059 and for the second year (1960-61) on a total income of rs. 12,974. the ito imposed penalty under section 18a(9) of the old act for the aforesaid assessment years. it was contended before the aac that the assessee's business was dealing in jute .....

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Sep 03 1985 (HC)

Retired Contributory Provident Fund Holders Association Vs. State of R ...

Court : Rajasthan

Decided on : Sep-03-1985

Reported in : 1986(1)WLN633

..... they have resulted in infringement of the fundamental rights under articles 14 and 16 of the constitution. it is also repelled.9. having over-ruled the preliminary objections, i proceed to examine the writ petition on merits.10. the principal question is whether the state of rajasthan should be directed to afford opportunity to the government servants, who are ..... retired cpf holders, thus, have been divided into two classes based on their date of retirement, and the precise question, therefore, is whether this classification is permissible and hence valid. it is settled by the catena of the cases of the highest court of the country inclusive of the decision referred to here-in-above, that in order to pass ..... who were in service on the date of the order:----------------------------------------------------------------ex. no. date of order date of liberalisation of pension after 30-9-1954----------------------------------------------------------------ex. r1-1 13-1-1960 after 30-9-1954ex. anx. 9 26-9-1964 1-3-1964anx. 10 9-5-1969 1-9-1968ex. rl/3 5-3-1980 21-1-1980----------------------------------------------------------------vide ex ..... part it is declared that the judges (including the chief justice) of the high court are entitled to pension as computed under the high court judges (conditions of services) act, 1954 (as amended) irrespective of the date of retirement. the date october 1,1974, continues to be relevant as being one from which the liberalised pension became operative under .....

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Nov 29 1985 (HC)

Seerangamal (Died) and ors. Vs. E.B. Venkatsubramanian and ors.

Court : Chennai

Decided on : Nov-29-1985

Reported in : (1987)1MLJ149

..... her evidence, she repeated what he had said in the will. o.s. no. 27 9 of 1958 was filed, pertaining to the validity of the will. therefore in the said proceeding, she had faithfully reproduced the same words used by ranganatha in the will (exhibit a-33.) and did not want to claim that she ..... till 1955, ranganatha was in occupation of the property and thereafter, suits have been filed and in the light of the findings already rendered in the earlier proceedings that the properties are the joint family properties, unless ouster is established as against co-owners, and when defendant's father had already taken possession of the ..... suit property, which is a joint family property, with damages, as claimed. as for the claim of maintenance, ranganatha died on 23.8.1955, and hindu succession act came into force only on 1.6.1956. the suit property being a joint family property, and herself being a widow of a coparcener, she is entitled ..... the burden, is heavily upon her to prove that on 1.2.1933, she was married in that manner. in exhibit a.33 ranganatha refers to her marrige in childhood and of the husband having died before her puberty. ranganatha, being an orthodox brahmin and living with his first wife, his father and brother, could ..... court, erode, praying for a declaration that the will was not true, valid and binding upon him. it was decreed on 19.6.1959 and a.s. no. 30 of 1960 was filed as against it and it was allowed on 5.9.1960. dhandapani filed s.a. no. 762 of 1961 and it was allowed .....

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Jul 10 1985 (SC)

Olga Tellis and ors. Vs. Bombay Municipal Corporation and ors.

Court : Supreme Court of India

Decided on : Jul-10-1985

Reported in : AIR1986SC180; 1985(2)SCALE5; (1985)3SCC545; [1985]Supp2SCR51

..... enacted for the benefit of an individual and those enacted in public interest or on grounds of public policy.30. we must, therefore, reject the preliminary objection and proceed to consider the validity of the petitioners' contentions on merits.31. the scope of the jurisdiction of this court to deal with writ petitions under article 32 of the constitution was examined ..... forth by the government must be made good. in other words despite the finding recorded by us that the provision contained in section 314 of the b.m.c act is valid, pavement dwellers to whom census cards were given in 1976 must be given alternate pitches at malavani though not as a condition precedent to the removal of encroachments committed ..... ram v. state of u.p. : 1979crilj659 ; hussainara khatoon, i v. home secretary, state of bihar, patna : 1979crilj1045 , 537; hussainara khatoon, ii v. home secretary, state of bihar, patna [1960] 1 s.c.c. 81; sunil batra, ii v. delhi administration : 1978crilj1741 ; jolly george verghese v. the bank of cochin : [1980]2scr913 , 921-922; kasturi lal lakshmi reddy v. state ..... accorded by the state government to the resettlement of these unfortunate persons by alloting to them such land as the government finds to be conveniently available. the maharashtra employment guarantee act, 1977, the employment guarantee scheme, the 'new twenty point socio-economic programme, 1982', the 'affordable low income shelter programme in bombay metropolitan region' and the programme of house building .....

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Apr 10 1985 (HC)

Shambhu Dutt Shastri Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Apr-10-1985

Reported in : 1986(2)WLN713

..... was transferred by a registered sale-deed by the erstwhile ruler of alwar in favour of her highness the maharani of alwar on 10th october, 1960. upto 10th october 1960, the ruler has not claimed any compensation or rent and there is nothing on the record to show that any compensation was claimed by the ..... show that when the representations, if any, were made. it is an admitted position that the maharaja of alwar executed the sale-deed on 10th october, 1960 in favour of her highness of the state of alwar. the covenant had been entered into in the year 1949 and, for 11 years the property ..... so long as they are required for the urpose.3. the his highness of alwar gifted this property to her highness vide gift-deed dated 10th october, 1960 (ex. 2). this fact is also not in dispute.4. on behalf of the state, written statement was filed and thereafter the court considering the pleadings ..... that they had only asked for some thing and, that was granted by the plaintiff. their lordships interpreted the provisions of section 70 of the contract act and came to the conclusion that from these facts it cannot be inferred that they were allowed to occupy building free of any obligation to pay rent. ..... ruler of the erstwhile state of alwar. this conduct also shows that the intention of the parties was that the act was gratuitous in character and .....

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Apr 17 1985 (SC)

Mcdowell and Co. Ltd. Vs. Commercial Tax Officer

Court : Supreme Court of India

Decided on : Apr-17-1985

Reported in : AIR1986SC649; (1985)2CompLJ137(SC); (1985)47CTR(SC)126; 1985(5)ECC259; [1985]154ITR148(SC); 1985(1)SCALE788; (1985)3SCC230b; [1985]3SCR791; [1985]59STC277(SC); 1986(1)LC595

..... a rejection of accepted and established canons and that, if so general an attack upon schemes for tax avoidance as the revenue suggests is to be validated, that is a matter for parliament. the function of the courts is to apply strictly and correctly the legislation which parliament has enacted : if ..... respondent succeeding in the appeal, the appellant do pay interest at 12% per annum. the respondent may now proceed to collect the dues of the state in accordance with law.o. chinnappa reddy, j. (concurring)30. while i entirely agree with my brother, ranganath ..... andhra pradesh should rationalise the law on the subject, if necessary, by making other appropriate amendments.29. while granting leave and allowing stay of proceedings, this court had directed that bank guarantee be furnished for the tax to the satisfaction of the assessing authority and in the event of the ..... only relevant question to ask is as to what is the amount payable by the purchaser to the dealer as consideration for the sale....the court proceeded to say (para 8).take for example, excise duty payable by a dealer who is a manufacturer. when he sells goods manufactured by him, ..... sales tax act. this court took the view:we hold that intending purchasers of the indian liquor who seek to obtain distillery passes are also legally responsible for payment of the excise duty which is collected from them by the authorities of the excise department.this court then proceeded to determine .....

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Apr 08 1985 (HC)

The State of Rajasthan and ors. Vs. Duduwala and Company

Court : Rajasthan

Decided on : Apr-08-1985

Reported in : 1985(1)WLN715

..... : air1962mp342 . it was held in that case that the minimum wages (madhya pradesh amendment and validation) act, 1961 was a valid piece of legislation as both the principal act, namely the central act and the m.p. act could co-exist in the state of madhya pradesh. certain notifications issued by the madhya pradesh government ..... the advisory boards on account of the non-inclusion of independent members. however, as observed above, although the aforesaid provisions of the amending act may be valid, that would not affect the invalid constitution of the advisory boards for fixation of minimum wages for workmen employed in mica mines in the ..... or a member of the advisory board or a committee or sub-committee shall be called in question in any manner and no action or proceedings before any board, committee or sub-committee shall be called in question in any manner in any court of law on the ground merely ..... to agree with him that all the provisions of the amending act of 1960 are ultra vires of the powers of the state legislature, in as much as the amending act is of general nature amending the provisions of the minimum wages act, 1948 in respect of the scheduled industries enumerated in the ..... schedule annexed to the principal act, and has introduced an explanation in .....

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Aug 14 1985 (HC)

State of Rajasthan Vs. Prithvi Singh and 8 ors.

Court : Rajasthan

Decided on : Aug-14-1985

Reported in : 1986(1)WLN200

..... be instituted after coming into force of the rajasthan imposition of ceiling on agricultural holdings act, 1973 and such proceedings are valid.18. in pala singh v. state of rajasthan and ors. 1982 rrd page 55. hon'ble d.p. gupta, acting c.j. (as he then was) held that the notice issued on 1-12-1980 under the provisions of chapter iii-b ..... new ceiling law had come into force. the learned sdo rejected the above contention and held that by virtue of the provisions of section 6 of the rajasthan general clauses act, fresh proceedings under the old ceiling law could be instituted even after 1-1-1973. the above decision of the sdo was set aside by a single bench of the board ..... to tenancy of agricultural lands, and to provide for certain measures of land reforms. the law imposing ceiling on agricultural holdings was first introduced in rajasthan in the tenancy act by the amending act no. 4 of 1960. this tenancy amendment act no. 4 of 1960 was brought into force on 15th december, 1953. the law relating to ceiling was incorporated in the rajasthan tenancy ..... act, 1955 by introducing chapter iii-b and not by a separate law on ceiling of agricultural holdings. though, this amending act came into force on 15-12-1963, but its provisions .....

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