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Judgment Search Results Home > Cases Phrase: income tax act Court: supreme court of india Year: 1999 Page 11 of about 188 results (0.115 seconds)

Feb 12 1999 (SC)

AzizuddIn Vs. the Board of Revenue and ors.

Court : Supreme Court of India

Decided on : Feb-12-1999

Reported in : AIR1999SC1003; JT1999(1)SC474; 1999(1)SCALE434; (1999)2SCC563; [1999]1SCR618

..... appellant would be entitled for any relief under it? learned counsel for the appellant while challenging the high court finding that since there existed section 51 in the aforesaid 1932 act dealing with the unoccupied land, hence the appellant case would only be governed under it and not under the notification no. 71, he further submitted this to be erroneous and ..... or taken in accordance with law. no suit or other legal proceedings shall be maintained or continued against the government or any person whatsoever on the ground that any such acts or proceedings were not done or taken in accordance with law.11. it is admitted between the parties that this recovery for the tractorization charges including the penatly etc. under ..... power to survey and carry on eradicating operation. under sub-section (1) after issuance of notification under section 4, the reclamation officer notwithstanding the provisions of the bhopal land revenue act 1932, under sub-clause (b) take possession of the whole or any part of the kans area and carry on eradicating and other ancillary and subsidiary operations therein. section 7 ..... ).5. however, in the other proceedings, by some other agriculturists, on 9th april, 1956, chief commissioner, bhopal, struck down some of the provisions of the said ordinance and the 1954 act holding it to be ultra vires. thereafter, on 1st oct., 1959, pursuant to the reorganisation of the states, the state of madhya pradesh came into existence which issued similar ordinances .....

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Jan 27 1999 (SC)

Jagdish Yadav Vs. State of Bihar

Court : Supreme Court of India

Decided on : Jan-27-1999

Reported in : 1999(1)BLJR643; JT1999(1)SC439; 1999(1)SCALE440; (1999)9SCC99

ordernanavati, j.1. the appellant has been convicted under section 396 of the indian penal code and sentenced to death. he has filed this appeal against the order of sentence only in view of the limited leave granted by this court.2. what the prosecution has been able to prove is that during the night between first and second of june, 1989, the appellant along with 30 to 40 other dacoits committed dacoity in the house of deceased dhaneshwar, that the dacoits killed dhaneshwar, surendra, awadhesh, kharha and kanhai and also set on fire some of the articles belonging to the family of the deceased. in all 24 accused were put up for trial out of whom 13 were acquitted by the trial court. the other accused were convicted under section 396 and out of them only appellant jagdish was sentenced to death. all others were awarded sentence of life imprisonment. the high court agreed with the findings recorded by the trial court after re-appreciating the evidence and, dismissed the appeals and accepted the death reference. while confirming the death sentence the high court observed as under:in the case before me, it has already been noticed that there are so many as six eye witnesses, including the informant, who have categorically stated that this appellant shot at two innocent and unarmed persons from a close granted by rifle with a full determination to commit their murder.... for the reasons stated above, i have no option but to confirm the death penalty against appellant jagdish .....

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Feb 10 1999 (SC)

Bileshwar Khan Udyog Khedut Shahakari Mandali Limited Etc. Vs. Union o ...

Court : Supreme Court of India

Decided on : Feb-10-1999

Reported in : AIR1999SC1199; JT1999(1)SC543; 1999(1)SCALE468; (1999)2SCC518; [1999]1SCR569

..... to the appellants to raise this argument again. since in the present case sub-section (3) of section 3 of the act which provides for grant of interest on the excess realisation made by the appellant is applicable the appellants are liable to pay interest. we, therefore, reject the second contention of ..... to a case in which interim order made by a court has already come to an end as a result of termination of final proceedings before the commencement of the act. moreover, the special leave against the order passed by the high court directing the appellants to refund the excess realisation made by them was refused. thus, it is not open ..... the second argument is concerned, we have held hereinbefore that the interim orders passed in the writ petitions came to an end on dismissal of the writ petition before the act came into force, and under such circumstances section 3(4) and (5) can have no application in the appellants' case. the supreme court in the ankepalle co-operative agricultural & industrial ..... realisation having not set aside by the appellate or higher court, the realisation made by the appellants would not fall within the ambit of section 2(b)(ii) of the act. the contention is that interim orders passed in writ petitions although automatically lapsed on dismissal of the writ petitions, but were not set aside by the appellate or higher court .....

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Feb 16 1999 (SC)

Hindu Public and Another Etc. Vs. Rajdhani Puja Samithee and Others Et ...

Court : Supreme Court of India

Decided on : Feb-16-1999

Reported in : AIR1999SC964; 88(1999)CLT60(SC); JT1999(1)SC509; (1999)IIMLJ121(SC); 1999(1)SCALE471; (1999)2SCC583; [1999]1SCR635

..... words 'charitable' in act 21 of 1860. the real question was: 'what did the term mean in 1860'? we are in agreement with the view of the allahabad and madras high courts. in fact, lord mcnaughten in his celebrated judgment in commissioner of income tax v. pemsel 1891 ..... and pujas, formed into the durga puja samithee and registered it as a society on 21.1.1960 under the societies registration act 1860 (act 21 of 1860) with a memorandum of association which included cultural and other activities also besides religious activities. the society then applied ..... mehmood jamait managing committee, puddupet air 1940 mad 167. a division bench consisting of wadsworth and venkataramana rao, jj. held that the act 21/1860 was passed in 1860 when, according to english law, a gift for the advancement of religion or promotion of religious worship ..... diffusion of useful knowledge, the diffusion of political education, or for charitable purposes, it is enacted as follows-again, section 1 of the act 21/1860 reads as follows:section 1--societies formed by memorandum of association and registration--any seven or more persons associated for any literary, ..... ac 531 said that charitable purposes which came within the language and spirit of the statute of elizabeth (43 eliz ch 4) could be grouped into four heads (i) relief of poverty, (ii) education, (iii) advancement of religion and (iv) other purposes beneficial to the community not coming under any of the preceding heads. the words in act .....

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Feb 17 1999 (SC)

State of Kerala and ors. Vs. O.C. Kuttan and ors.

Court : Supreme Court of India

Decided on : Feb-17-1999

Reported in : AIR1999SC1044; 1999(1)ALD(Cri)488; 1999CriLJ1623; 1999(1)Crimes104(SC); JT1999(1)SC486; 1999(1)KLT747(SC); 1999(1)SCALE505; (1999)2SCC651; [1999]1SCR696

..... wholly unwarranted. it was further urged that the allegations made by the lady not only amounts to commission of offence of rape alone but also the offence under immoral traffic act and the high court never applied its mind to find out whether the allegations taken at their face value would constitute other offences for which the criminal case had been ..... otherwise of the allegations made in the f.i.r. or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice. it is too well settled that the first information report is only an initiation to move the machinery and to investigate into a cognizable ..... have scuttled investigation by quashing the f.i.r., particularly when the criminal case had been registered under several provisions of the penal code as well as under immoral traffic act. we also do not approve of the uncharitable comments made by the high court in paragraph (12) of the judgment against the woman who had given the f.i.r .....

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Apr 06 1999 (SC)

Rahul Subodh Windoors Limited Vs. A.K. Menon and anr.

Court : Supreme Court of India

Decided on : Apr-06-1999

Reported in : AIR1999SC1675; 1999(1)ALD(Cri)729; [1999]96CompCas597(SC); (1999)2CompLJ201(SC); 1999CriLJ2518; JT1999(2)SC552; 1999(2)SCALE450; (1999)4SCC446; [1999]2SCR447

..... the special court that there had been no allotment at all and it was sought to be made only after the second respondent was notified under the act to avoid payment of money of a sum of no. 20 lakhs cannot be seriously disputed. we find no good reason to interfere with the said ..... exercises the jurisdiction of a civil court in relation to any matter or claim '(a) relating to any property standing attached under section 3(3) of the act, and (b) arising out of transactions in securities entered into after the 1st day of april, 1991 and on or before the 6th day of june, 1992 ..... before the special court no names have been entered. no application had been filed by the second respondent in terms of section 41(2) of the companies act agreeing to become a member of the company and his name be entered in the register of members. on examination of the register of members, the special ..... attached and there should be no transfer in respect of these shares. the custodian on september 27, 1994 filed an application before the special court under the act for return of a sum of no. 20 lakhs along with interest.2. it was brought out in the proceedings before the special court that by a ..... involved in offences relating to transactions in securities during the period mentioned therein. respondent no. i, who is the custodian appointed under section 3(1) of the act, on inquiry with the appellant, came to know that they had received a cheque for a sum of no. 20 lakhs from the second respondent for purchase .....

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Apr 13 1999 (SC)

Shri Rajat Baran Roy Vs. State of West Bengal and ors.

Court : Supreme Court of India

Decided on : Apr-13-1999

Reported in : AIR1999SC1661a; JT1999(3)SC89; 1999(2)LC1176(SC)

..... , came to be issued because of the failure on the part of the governments concerned to perform their obligatory duties. if as per the 1992 directions the governments concerned had acted diligently then there would not have been any cause for issuing the 1993 directions and, consequently, the rider that was included in the 1993 directions, would not have been there .....

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Apr 22 1999 (SC)

Raja Somasekhar Chikka and anr. Vs. M. Paduravatamma and ors. Etc.

Court : Supreme Court of India

Decided on : Apr-22-1999

Reported in : AIR1999SC1371; JT1999(3)SC181; 1999(2)SCALE716; (1999)5SCC199; [1999]2SCR810

..... relation to the properties of the estate which had not become vested in the government by operation of section 3(b) of the abolition act, madras impartible estates act, 1904 continues to be in force and the properties retain their impartible character. therefore, in respect of the properties of the estate referred ..... stand transferred under clause (b) or cease and determine under clause (c), shall be entitled only to compensation from the government as provided in this act;(f) the relationship of landholder and ryot shall, as between them, be extinguished;(g) ryots in the estate and persons holding under them shall, as ..... or for the benefit of the estate and consequently they were binding upon the plaintiffs. an objection was also raised that since under the abolition act the estate vested in the government the plaintiffs could not claim the properties in the estate to be their own and file the suit for ..... and the alienations were not binding on the plaintiffs who, it was submitted, had become tenants of the joint family by virtue of the abolition act 1948 and, therefore, they could file a suit for partition and claim their share,5. the defendants in their written statement resisted the suit by ..... estates in the province of madras, and the introduction of the ryotwari settlement in such estates.4. the punganur estate was notified under the abolition act and taken over by the government on 7th september 1950. during his life time the raja, who died in the year 1965, had alienated various .....

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Dec 16 1999 (SC)

Keshab Narayan Banerjee and ors. Vs. the State of Bihar

Court : Supreme Court of India

Decided on : Dec-16-1999

Reported in : AIR2000SC485; 2000(1)ALD(Cri)208; 2000CriLJ595; JT1999(10)SC37; RLW2000(1)SC61; 1999(7)SCALE520; (2000)1SCC607; [1999]Supp5SCR394; 2000(1)LC180(SC)

..... gross asset of the proprietor or the tenure holder. section 23 provides which amounts are to be deducted from the gross asset for purpose of determining the net income. after net income has thus been computed the compensation officer has to determine the amount of compensation in accordance with the table given therein. he has also to compute compensation payable ..... the amount of compensation. the amount of compensation is to be determined by finding out the rent and then making certain additions, subtractions and multiplications as provided in the act itself. he cannot determine the questions of title or rights of the rival claimants except for the purpose of determining who should be paid compensation. the party claiming compensation ..... commence a 'querela' before the ordinary civil courts. these courts were invested with the judicial power of the state and their authority was derived from the constitution or some act of legislature constituting them. their number was ordinarily fixed and they were ordinarily permanent and could try any suit or cause within their jurisdiction. their numbers might be increased or ..... the compensation among the persons claiming interest therein. the compensation officer has then to make payment of compensation in accordance with the compensation assessment roll. section 35 of the act bars the jurisdiction of the civil court in respect of any entry, in or omission from a compensation assessment roll or in respect of any order passed by the compensation .....

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Dec 16 1999 (SC)

Management of Mcd Vs. Prem Chand Gupta and anr.

Court : Supreme Court of India

Decided on : Dec-16-1999

Reported in : AIR2000SC454; [2000(84)FLR364]; JT1999(10)SC12; (2000)ILLJ533SC; 1999(7)SCALE526; [1999]Supp5SCR403; 2000(1)LC235(SC); (2000)1UPLBEC280

..... it must be held that termination of the respondent-workman's service on 29.4.1966 was violative of section 25-f of the i.d. act and was, therefore, null and void. the second g point for determination is answered in affirmative against the appellant-corporation and in favour of the respondent ..... could not be treated as retrenchment in the light of the excepted category indicated by clause (bb) inserted in section 2(oo) by the amending act of 1984. it has to be kept in view that respondent-workman's termination was prior to 1984 amendment to section 25-f. hence, it was ..... . accordingly, we proceed to deal with the alternative question whether the impugned termination order was in violation of section 25-f of the i.d. act or not.17. to recapitulate, it is a well established fact on the record of this case that the respondent-workman though initially appointed for one ..... and in favour of the appellant-corporation whether the impugned order of termination can be said to have violated section 25-f of the i.d. act and consequently the final decision rendered by the division bench can be sustained on that ground?3. what appropriate final order?we shall deal with ..... examine another ground placed for consideration by the respondent-workman to the effect that the impugned termination was violative of section 25-f of the i.d. act. the letters patent appeal was allowed accordingly and the relief, as noted earlier, was ordered to be granted to the respondent-workman.rival contentions:6. learned .....

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