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Judgment Search Results Home > Cases Phrase: income tax act Court: supreme court of india Year: 1999 Page 14 of about 188 results (0.146 seconds)

Mar 30 1999 (SC)

State of Jandk Vs. Shiv Ram Sharma and ors.

Court : Supreme Court of India

Decided on : Mar-30-1999

Reported in : AIR1999SC2012; [1999(82)FLR93]; JT1999(2)SC483; (1999)ILLJ1080SC; 1999(2)SCALE325; (1999)3SCC653; [1999]2SCR251; 1999(2)LC1108(SC)

s. rajendra babu, j.1. leave granted.2. respondents filed writ petitions in the high court of jammu & kashmir seeking quashing of the rules published vide notification no. sro: 328 dated november 22, 1992 to the extent it related to qualification bar in class-a categories i & ii and for further direction to fill up the posts on the basis of seniority irrespective of qualifications. respondent nos. 1 and 2 were initially appointed as rig-man in the months of march, 1967 and november, 1967 respectively. respondent nos. 3, 4 and 5 were initially appointed as boring mistry, grade ii in february, 1984, july, 1984 and january, 1984 respectively. respondent nos. 1 and 2 were promoted in the month of february, 1983 from the post of rig-man which was later on re-designated as boring-mistry, grade i and again re-designated as drill operator, grade i in the year 1990. respondent nos. 3,4 and 5 were working on the post of drill operator, grade ii. on november 22, 1990 rules were promulgated under section 124 of the constitution of jammu and kashmir styled as 'jammu & kashmir geology and mining (subordinate) service recruitment rules, 1990'. the rules were to come into force from the date of their publication in the government gazette, which, it is said, was done on november 22, 1990. under these rules, the requisite qualification for promotion of a drilling assistant was prescribed as matriculation with five years service as boring mistry, grade i or drill operator, grade i. for .....

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Apr 26 1999 (SC)

K. Venkatachalam Vs. a Swamickan and Another

Court : Supreme Court of India

Decided on : Apr-26-1999

Reported in : AIR1999SC1723; 1999(3)ALLMR(SC)643; JT1999(3)SC242; 1999(3)SCALE12; (1999)4SCC526; [1999]2SCR857; 1999(2)LC1064(SC)

..... an elector, from that constituency could represent the constituency? he lacked the basic qualification under clause (c) of article 173 of the constitution read with section 5 of the act which mandated that a person to be elected from an assembly constituency has to be elector of that constituency. the appellant in the present case is certainly disqualified for being ..... 2 applied to the governor alleging that appellant had incurred a disqualification subsequent to his election under article 191(l)(e) of the constitution read with section 7 of the act. under the instructions of the governor of the state the chief secretary forwarded the said complaint to the election commission of india for its opinion. the appellant moved the punjab ..... tamil nadu legislative assembly as a member representing lalgudi assembly constituency. swamickan did not a present any petition calling in question the election of venkatachalam under section 81 of the act. he alleged that venkatachalam impersonated him for another person of the same name in the electoral roll of lalgudi assembly constituency and thus sworn a false affidavit that he was ..... nadu as he did not possess the basic qualifications prescribed in clause (c) of article 173 of the constitution read with section 5 of representation of the people act, 1951 (for short 'the act'). the division bench held that the appellant was not an elector for lalgudi assembly constituency and, therefore, did not possess the necessary qualification to be chosen from .....

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Jul 19 1999 (SC)

M/S. Lokmat Newspapers Pvt. Ltd. Vs. Shankarprasad

Court : Supreme Court of India

Decided on : Jul-19-1999

Reported in : AIR1999SC2423; 1999(3)ALLMR(SC)701; JT1999(4)SC546; (1999)IILLJ600SC; 1999(4)SCALE109; (1999)6SCC275; [1999]3SCR907; 2000(2)SLJ144(SC); 1999(2)LC1201(SC)

..... proposed introduction was resolved by the competent court. dealing with the scheme of proposed rationalisation as envisaged by item no. 10 of schedule iv of the i.d. act it was observed that:rationalisation which was introduced had therefore two effects- first that some workers would become surplus and would face discharge; and secondly, the other workmen ..... 37. the aforesaid decision, therefore, has settled the controversy on this aspect by holding that conciliation proceedings would terminate only as provided by section 20(2)(b) of the act. meaning thereby, till the failure report reaches the appropriate state government, conciliation proceedings cannot be said to have terminated. hence, breach of section 33(1) during the pendency ..... against the respondent-workman on 22nd june, 1982. within three days thereof, the respondent raised an industrial dispute by filing a complaint under section 28 of the maharashtra act alleging that the impugned termination order amounted to 'unfair labour practice'. before the impugned termination order was passed by the management, it had already served a notice under ..... and other employees.5. the respondent and other employees opposed the said notice and consequently the conciliation officer held conciliation proceedings under section 12 of the i.d. act. parties were heard and efforts were made in conciliation to enable them to amicably settle the dispute but those proceedings ultimately failed. the conciliation officer closed the proceedings .....

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Sep 20 1999 (SC)

Chief Engineer, Irrigation and Flood Control Department Vs. J.S. Ramth ...

Court : Supreme Court of India

Decided on : Sep-20-1999

Reported in : (2000)10SCC276

the text below is only a summarized version of the order pronouncedthe disputed question of fact has to be resolved by a division bench of the high court after arriving at a clear finding on hearing the parties as to when the possession of the acquired land of the respondent was in fact taken by the appellant and then decide the claim of interest put forward by the respondents. the impugned order is set aside and the appeal is allowed to the limited extent. the writ appeal no. 40 of 1997 is restored to the file of the gauhati high court, imphal bench.

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Jan 12 1999 (SC)

State of Orissa Vs. Shri B.K. Routray

Court : Supreme Court of India

Decided on : Jan-12-1999

Reported in : AIR1999SC1101a; 88(1999)CLT274(SC); JT1999(1)SC58

..... before the arbitrator would also be covered by the expression 'legal proceedings' in section 6(2). therefore interest act, 1978 does not apply to pending arbitration proceedings.6. in the premises, the present appeal is allowed and the award of interest for the pre-reference ..... where also this court said that where reference to arbitration was made prior to the commencement of the interest act, 1978, arbitrator is not empowered to grant interest for the period upto the date of submission of claim to arbitration.4. in this connection, ..... case to the effect that in respect of pre-reference period, interest cannot be awarded in respect of the period not covered by the interest act, 1978. our attention was also drawn to a decision in the case of state of orissa v. niranjan swain reported in : [1990]3scr821 ..... 1997]1scr704 . in paragraph 18, this court has held that interest cannot be given for the period prior to the coming into force of the interest act, 1978. this court has also held that the decision in the case of executive engineer irrigation) v. abhaduta jena reported in : [1988]1scr253 has ..... such suit or other legal proceedings.5. this section also clearly provides that the provisions of the interest act, 1978 shall not apply to any legal proceeding pending at the commencement of the said act. since the definition of 'court ' under section 2(a) includes a tribunal or arbitrator, the proceedings .....

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Aug 13 1999 (SC)

Commissioner of Wealth-tax Vs. London Star Diamond Co. (i.) Pvt. Ltd.

Court : Supreme Court of India

Decided on : Aug-13-1999

Reported in : [2000]243ITR7(SC)

1. special leave granted.2. after hearing learned senior counsel for the parties, in our opinion a question of law does arise. we, therefore, direct the tribunal to state the case and refer the following question of law to the high court :whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the value of the stock-in-trade does not require to be included in the net wealth for the purpose of determining the wealth-tax liability of the assessee-company ?3. the appeals stand disposed of in the aforesaid terms.

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Jul 20 1999 (SC)

Mohd. Zahid Vs. State of Tamil Nadu

Court : Supreme Court of India

Decided on : Jul-20-1999

Reported in : AIR1999SC2416; 1999(2)ALD(Cri)328; 1999CriLJ3699; JT1999(5)SC5; 1999(4)SCALE173; (1999)6SCC120; 1999(2)LC1294(SC)

ordersantosh hegde, j.1. the appellant in the above appeal was charged with an offence punishable under section 302 i.p.c. before the vith additional sessions judge, madras in s.c. no. 83/86 who found him guilty of the said offence and sentenced him to undergo imprisonment for life. his appeal before the division bench of the madras high court in criminal appeal no. 1054 of 1986 came to be dismissed and he is now in appeal before us by special leave.2. the prosecution case stated briefly against the appellant is that he was married to one jabeena on 29th january, 1-984 and after the marriage for some time they resided in an independent house. in the year 1985, jabeena gave birth to a make child in her parents house and thereafter the appellant came to live in the house of his father-in-law mohd. ahamed (pw-1) in the house bearing door no. 22, 11th avenue, ashok nagar, madras. the said house contained one bed room in the ground floor which was occupied by pw-l's elder daughter and her husband. out of the four bed rooms on the first floor, one bed room was occupied by pw-1 and his wife, the second bed room next to that was occupied by the appellant and jabeena with their child, the third bed room was occupied by two unmarried sons of pw-1 and the fourth bed room was lying vacant.3. on 27-12-1985 at about 6.00 a.m. the wife of p.w. 1, by name maliga ahamed, (pw-3) heard the continuous cries of jabeena's child, hence, she came to the room of the appellant and knocked on the door .....

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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 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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