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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1989 Page 74 of about 740 results (0.739 seconds)

Sep 11 1989 (TRI)

Mahadeva Naidu Sons Vs. First Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Decided on : Sep-11-1989

Reported in : (1989)31ITD433(Mad.)

..... . in all the total addition made is rs. 60,500 to the income returned originally. it is submitted that no penal action under any section of the i.t. act need be initiated and justice rendered.the income-tax officer in due course completed the assessment on a total income of rs. 1,00,880, ..... 1. this appeal by the assessee relates to the assessment year 1984-85 and is against the penalty imposed under the provisions of section 271(1)(c) of the income-tax act, 1961.2. the assessee, mahadeva naidu and sons carried on business in the name of m/s radha krishna stores. the business done was supply ..... that he had not pointed out any defects and before the final order was passed that the accused filed that revised return voluntarily under section 139(5) of the income tax act. therefore, i am of the opinion that the contentions of a.i to a.4 are acceptable.the learned counsel for the ..... the judgment in tamil has been filed by the assessee and in paragraph 9, the learned magistrate had observed as under: - next, under section 139(5) of the i.t. act any person is entitled to file a revised return declaring an enhanced or reduced income, before the assessment was completed. on the basis of ..... courts in those matters which are properly to be dealt with by the tribunal under the act, then it cannot be said that the tribunals are in any way bound by the decisions of courts. for, by definition the tribunals have exclusive jurisdiction with reference to matters which properly arise before them in the .....

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Feb 22 1989 (FN)

U.S. Vs. Ron Pair Enterprises

Court : US Supreme Court

Decided on : Feb-22-1989

..... courts, [ footnote 1 ] we granted certiorari, 485 u.s. 958 (1988), to resolve the conflict. ii section 506, [ footnote 2 ] enacted as part of the extensive 1978 revision of the bankruptcy laws, governs the definition and treatment page 489 u. s. 239 of secured claims, i.e., claims by creditors against the estate ..... 1988), cert. pending, no. 87-1784; 3 collier on bankruptcy ? 506.05, p. 506-41, and n. 5b (15th ed.1988). [ footnote 2 ] section 506, as amended, reads: "(a) an allowed claim of a creditor secured by a lien on property in which the estate has an interest, or that is ..... midlantic and kelly suggest that there are limits to what may constitute an appropriate case. both decisions concerned statutory language which, at least to some degree, was open to interpretation. each involved a situation where bankruptcy law, under the proposed interpretation, was in clear conflict with state or federal laws ..... and is not compensation for actual pecuniary loss. . . ." [ footnote 8 ] the rule preventing discharge of criminal fines was articulated promptly after the bankruptcy act of 1898 was passed, see in re moore, 111 f. 145, 148-149 (wd ky.1901), and was uniformly accepted at the time congress was considering ..... protection." report at 4-5 (emphasis added). whether or page 489 u. s. 249 not congress took notice of the pre-code standard, it acted with sufficient clarity in enacting the statute. the judgment of the court of appeals is reversed. it is so ordered. [ footnote 1 ] most bankruptcy .....

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Jan 23 1989 (FN)

Argentine Rep. Vs. Amerada Hess

Court : US Supreme Court

Decided on : Jan-23-1989

..... ) is limited by its terms to cases in which the damage to or loss of property occurs in the united states. the fsia's definition of "united states" in 1603(c) as including all "territory and waters, continental and insular, subject to the jurisdiction of the united states ..... states would henceforth recognize a territorial sea of 12 nautical miles. see presidential proclamation no. 6928, 54 fed.reg. 777 (1989). [ footnote 9 ] section 1605(a)(2) provides, in pertinent part, that foreign states shall not be immune from the jurisdiction of united states courts in cases "in which the action is based ..... and now reverse. we start from the settled proposition that the subject matter jurisdiction of the lower federal courts is determined by congress, "in the exact degrees and character which to congress may seem proper for the public good." cary v. curtis, 3 how. 236, 245 (1845); see insurance corp. of ..... on the high seas in violation of international law. we hold that the district court correctly dismissed the action, because the foreign sovereign immunities act of 1976 (fsia), 28 u.s.c. 1330 et seq., does not authorize jurisdiction over a foreign state in this situation. respondents alleged ..... law." the district court dismissed respondents' complaints for lack of subject matter jurisdiction, ruling that their actions were barred by the foreign sovereign immunities act of 1976 (fsia). the fsia provides in 28 u.s.c. 1604 that "[s]ubject to existing international agreements to which the united states .....

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May 30 1989 (FN)

Mansell Vs. Mansell

Court : US Supreme Court

Decided on : May-30-1989

..... member or as property of the member and his spouse in accordance with the law of the jurisdiction of page 490 u. s. 589 such court." 1408(c)(1). the act's definitional section specifically defines the term "disposable retired or retainer pay" to exclude, inter alia, military retirement pay waived in order to receive veterans' disability payments. 1408(a)(4)(b). [ ..... .c. 310 (wartime disability); 331 (peacetime disability). the amount of disability benefits a veteran is eligible to receive is calculated according to the seriousness of the disability and the degree to which the veteran's ability to earn a living has been impaired. 314 and 365. in order to prevent double dipping, a military retiree may receive disability benefits only ..... a month in retirement pay and $500 a month in disability benefits, he must waive $500 of retirement pay before he can receive any disability benefits. [ footnote 2 ] the language of the act covers both community property and equitable distribution states, as does our decision today. because this case concerns a community property state, for the sake of simplicity, we refer ..... pay waived to receive disability benefits as community property, but only to preclude the use of the federal direct payments mechanism to attach that waived pay. nor do 1408 (c)(2), (c)(3), and (c)(4) compel the conclusion that congress intended to preempt states from characterizing gross military retirement pay as community property divisible upon divorce. those three provisions .....

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Jun 30 1989 (TRI)

Sima Banerjee and anr. Vs. Assistant Commissioner of

Court : Sales Tax Tribunal STT West Bengal

Decided on : Jun-30-1989

Reported in : (1990)76STC241Tribunal

..... thereto. the learned state representative rightly argued that the expression "newly set up small-scale industry" has been defined in the explanation and that definition cannot be ignored while considering the rest of the clauses of rule 3(66). having regard to rule 3(66)(iv) and the decision in ..... -scale industry registered with the state government and having regard to the government of india guidelines in this connection. in the absence of any definition or indication in rule 3(66) of the bst rules, 1941, and in the absence of anything else to the contrary and in ..... petitions under article 226 of the constitution of india. the revision before the additional commissioner was filed by the applicant by virtue of section 20 of the bfst act, 1941. it is not possible to agree with mr. bose that the revisional authority is incompetent to interpret rule 3(66). ..... industries, government of west bengal. in this pamphlet, under the heading--"state incentives"-- item (xii) reads--"sales tax exemption as per statute and return for 2 years".12. mr. bose referred to a decision of g.n. ray, j., in hiodfast rubber industries v. assistant commissioner of commercial taxes, howrah ..... act, 1987 (like the present one) stands on the same footing as that of an application under article 226 of the constitution of india, it is settled that a second petition under article 226 could be entertained and not barred by the rule of res judicata where the cause of action is different (aditya v. principal, rajendra medical .....

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Jun 15 1989 (FN)

Dellmuth Vs. Muth

Court : US Supreme Court

Decided on : Jun-15-1989

..... definition ..... of sections 504 [of the rehabilitation act ..... 2 ..... act ..... assumptions. footnote 2 respondent also ..... the act. tr ..... act ..... act ..... acted ..... acted ..... footnote 2 ] ..... act ..... e)(2), ..... ii ..... act ..... handicapped act ..... . 1415(e)(2), the centerpiece ..... act ..... act ..... 48.2 ..... rehabilitation act amendments ..... statute, the rehabilitation act, 100 stat. ..... act' ..... act ..... act ..... act] ..... ii ..... handicapped act ..... act ..... act, 20 u.s.c. 1415(e)(2 ..... act of 1973 ..... ii we have recognized that congress, acting ..... section 504 coverage was never intended. it would be inequitable for section ..... 2 ] the view that congress believed ..... mandates certain procedural requirements for participating state and local educational agencies. in particular, the act ..... act ..... 2), ( 5). it is the state educational agency that is "responsible for assuring that the requirements of [eha subchapter ii ..... act abrogates the states' eleventh amendment immunity from suit in the federal courts. i the education of the handicapped act ..... 2). finally, the court of appeals pointed to a 1986 amendment to the eha, which states that the act ..... act appears to cut against respondent. without intending in any way to prejudge the rehabilitation act ..... act." honig v. doe, 484 u.s. 305, 310 , 597 (1988) (emphasis added; citation omitted). see also smith v. robinson, supra, at 1010. thus, 1415( e)(2 ..... (eha), 84 stat. 175, as amended, 20 u.s.c. 1400 et seq. (1982 ed. and supp. v.), enacts a comprehensive scheme to assure that handicapped children may receive a free public education appropriate to their needs. to achieve these ends, the act .....

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Jun 15 1989 (FN)

Dellmuth Vs. Muth

Court : US Supreme Court

Decided on : Jun-15-1989

..... the language of the statute," recourse to legislative history will be unnecessary; if congress' intention is not unmistakably clear, recourse to legislative history will be futile, because, by definition, the rule of atascadero will not be met. the gist of the dissent's argument appears to be that application of the governing law in atascadero is unfair in this ..... court when . . . it handed down its decision in smith v. robinson, " 468 u. s. 992 (1984), where the court held that "'the eha repealed the availability of sections 504 [of the rehabilitation act of 1973] and 1983 [of title 42] to individuals seeking a free appropriate public education,'" so that such litigants could no longer obtain attorney's fees. h.r ..... congress' reaction to atascadero tells us anything, it is that congress, prior to that decision, believed it could effectively express its intent to abrogate immunity without resorting to the degree of textual clarity the court demands in this case. justice blackmun, dissenting. i join justice brennan's opinion because he correctly ascertains the unmistakable intent of congress to subject state ..... its federal funding itself, rather than distributing these funds to local education authorities, and use such funds to provide direct services to the handicapped. 1411(c)(1), (c)(2). "[t]he eha confers upon disabled students an enforceable substantive right to public education in participating states, and conditions federal financial assistance upon a state's compliance with the .....

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Apr 03 1989 (TRI)

N. Chordiya Family Beneficial Vs. Income-tax Officer.

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Apr-03-1989

Reported in : (1989)30ITD373(Pune.)

..... among the beneficiary in the fraction or percentage of income specified. in clause (1. b) of the trust deed, the trustees are enjoined to pay for marriage, education, maintenance, residence, medical attendance and treatment or for any purpose of emergency or urgent necessity or benefit as the trustees thought fit and properequally for the benefit of beneficiaries and also out of ..... aforsaid interpretatin of the word sharethe share given to the 12th beneficiary viz. 8.37 per cent is a definite fraction of the income of the trust the income of which is 100 per cent. from this point of view the definite fraction of 8.37 per cent specifited as a share of the 12th beneficiary is known and ascertainable share. it ..... is now to be seen whether there is any contradiction between the statement in the trust deed. clause 2 of the trust deed is releveant for this purpose and therefore ..... (1) of the income-tax act, 1961. as the facts stand on the respective respective accounting year, the beneficiaries are known and their shares are also determinate. consequently, application of sec. 161(4) is not called for. in view of the specific share of income of the beneficiaries specificed in clause 2, it is not open to the trustees to vary the same .....

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1989

Breininger Vs. SMW Int'l

Court : US Supreme Court

Decided on : Jan-01-1989

..... believed that the two were distinct, and that it did not intend to include the type of unauthorized "economic reprisals" suffered by petitioner in the instant case in its definition of "discipline." the bipartisan compromise bill introduced by representatives landrum and griffin, which amended s. 1555 after its passage by the senate, substituted civil remedies for the criminal penalties ..... restrict, the remedies available to union members. see 140 n.l.r.b. at 184-186. [ footnote 10 ] pegging the duty of fair representation to the board's definition of unfair labor practices would make the two redundant, despite their different purposes, and would eliminate some of the prime virtues of the duty of fair representation -- flexibility and adaptability ..... consistent with this opinion. it is so ordered. [ footnote 1 ] the word "exclusive," when used with respect to job referral systems, is a term of art denoting the degree to which hiring is reserved to the union hiring hall. hiring is deemed to be "exclusive," for example, if the union retains sole authority to supply workers to the employer ..... s. 74 accordingly prohibits labor organizations, when acting in a statutory representative capacity, from taking action against any employee upon considerations or classifications which are irrelevant, invidious, or unfair." 140 n.l.r.b. at 185. in addition, the board reasoned that "a statutory bargaining representative and an employer also respectively violate section 8(b)(2) and 8(a)(3) when, for .....

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Jun 22 1989 (FN)

CaplIn and Drysdale Vs. United States

Court : US Supreme Court

Decided on : Jun-22-1989

..... . 642 when it exempts from preconviction restraint and postconviction forfeiture those assets a defendant needs to retain private counsel for his criminal trial. assets used to retain counsel, by definition, will be unavailable to the defendant or his criminal organization after trial, even if the defendant is eventually acquitted. see cloud, government intrusions into the attorney-client relationship: the ..... called "relation back" provision, states: "all right, title, and interest in property described in [ 853] vests in the united states upon the commission of the act giving rise to forfeiture under this section. any such property that is subsequently transferred to a person other than the defendant may be the subject of a special verdict of forfeiture and thereafter shall ..... v. bassett, 632 f.supp. at 1316, n. 5. perhaps most troubling is the fact that forfeiture statutes place the government in the position to exercise an intolerable degree of power over any private attorney who takes on the task of representing a defendant in a forfeiture case. the decision whether to seek a restraining order rests with the ..... ., dissenting). petitioner sought review of the statutory and constitutional issues raised by the court of appeals' holding. we granted certiorari, 488 u.s. 940 (1988), and now affirm. ii petitioner's first submission is that the statutory provision that authorizes pretrial restraining orders on potentially forfeitable assets in a defendant's possession, 21 u.s.c. 853(e) (1982 .....

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