Court : Orissa
Decided on : Nov-14-1986
Reported in : AIR1987Ori82; 63(1987)CLT658
..... if the widow remarries, loss would be assessed only for the period she remained as a widow. a learned judge of the punjab and haryana high court in the case of municipal committee, jullundur v. jagdish kaur, 1978 acc cj 359 : (air 1978 punj & har 195), however, declined to make ..... thereto, may be rescinded by the court upon remarriage. (see sub-section (3) of section 25 of the hindu marriage act). the juristic principle is that the entitlement ceases upon remarriage. if wife would not claim financial contribution from the husband upon her remarriage, on pari ..... circumstances. but the obligation to maintain ceases on the remarriage of the daughter-in-law. (see section 19 of the hindu adoptions and maintenance act). similarly, a direction for payment of permanent maintenance given by the court while passing any decree for judicial separation or divorce or any time subsequent ..... thosepersons alone who are entitled to bemaintained and supported by the victim andthat they must be his legal representatives.the framers of the motor vehicles act whileusing the expression 'legal representatives' insection 110-a must be deemed to be aware of thisexpression in the c.p.c. and there ..... any rule to that effect, the definition oflegal representative' as in section 2(11) of thec.p.c. would be applicable to the proceedingsunder this act, and the expression wouldmean the same thing even for purposes ofsection 110-a. 1980 acc cj 116 (madh-pra)(bhagwatidin v. gheesabibi) and 1975 acccj .....Tag this Judgment!
Court : Delhi
Decided on : Sep-12-1986
Reported in : 1987(1)Crimes374; ILR1986Delhi280
..... dass chotte lal v. union of india, 2nd (1969) delhi 1196, (3) accepted the appeal and set aside the conviction and the sentence. municipal corporation of delhi came up in appeal after obtaining the special leave of this court. the appeal came up for hearing before a division bench. the said ..... of the previous year of every person. a firm was thus an independent assessable unit for the purpose of 'the act'. thereforee, for income-tax law a firm was a legal entity, [see the state of punjab vs . jullundur vegetables syndicate : 2scr457 ].(1) (14) the firm, though a legal entity for the ..... who is responsible for paying or crediting the interest amount. the breach or contravention of this requirement attracts prosecution and punishment under section 276b of 'the act'. (8) evidence of the complainant t. d. manchanda. read with the copy of the reply filed by the accused before him during the assessment proceedings ..... of delhi vs . j. b. bottling co. pvt. ltd., . (2) it was a case under the prevention of food adulteration act, 1954. under section 16 of the said act if any person, whether by himself or by any other person ..... the act', as noticed above, provides a minimum punishment for a term which shall not be less than six months or three months as the case may be. is the firm still liable to be prosecuted for such an offence similar question was examined by a full bench of this court in municipal corporation .....Tag this Judgment!
Court : Delhi
Decided on : Sep-12-1986
Reported in : 167ITR49(Delhi); 34TAXMAN305(Delhi)
..... rameshwar dass chottey lal v. union of india, 2nd  delhi 1196, accepted the appeal and set aside the conviction and the sentence. the municipal corporation of delhi came up in appeal after obtaining the special leave of this court. the appeal came up for hearing before a division bench. the ..... of the previous year of every person. a firm is thus an independent assessable unit for the purpose of the act. thereforee, for income-tax law, a firm is a legal entity. (see state of punjab v. jullundur vegetables syndicate : 2scr457 .the firm, though a legal entity for the purpose of income- ..... who is responsible for paying or crediting the interest amount. the breach or contravention of this requirement attracts prosecution and punishment under section 276b of the act.evidence of the complainant, i. d. manchanda, read with the copy or the reply filed by the accused before him during the assessment proceedings, prima ..... corporation of delhi v. j. b. bottling co. pvt. ltd. . it was a case under the prevention of food adulteration act, 1954. under section 16 of the said act, if any person, whether by himself or by any other person on ..... the act, as noticed above, provides a minimum punishment for a term which shall not be less than six months or three months, as the case may be. is the firm still liable to be prosecuted for such an offence similar question was examined by a full bench of this court in municipal .....Tag this Judgment!
Court : Delhi
Decided on : Nov-05-1986
Reported in : 1987(12)DRJ33
..... : mrs. mohini suraj bhan v. vinod kumar mittal, : air1986sc706 is a case relating to eviction on ground of bona fide requirement under east punjab urban rent restriction act, 1949. in that case the landlady in her eviction petition had alleged that there was pressure on her to vacate the rented premises at new ..... the suit house for their occupation. the landlord of respondent no. i has obtained an order of eviction under section 14(l)(h) of the act against him and the respondents have no place for their own living. their requirement cannot, be termed as whimsical or frivolous. their claim for the ..... 1975]3scr958 , it has been observed that the high court is bound to take note of subsequent events in disposing of proceedings under the rent control act by a landlord against his tenant. the supreme court observed 'we affirm the proposition that for making the right or remedy claimed by the party just ..... not agree. the original eviction petition does disclosed a cause of action. the petition mentions all the ingredients of section 14(l)(e) of the act. it was on account of the objections of the petitioner that the respondents sought leave to amend the eviction petition which was allowed. i do ..... wife mr. gangabai idnani filed a petition for eviction of the petitioner on ground of bona fide requirement under. section 14(l)(e) of the act. the respondents were allowed to amend the eviction petition and the amended petition is dated 23rd september 1981. they alleged that the petitioner was their .....Tag this Judgment!
Court : Patna
Decided on : Nov-18-1986
Reported in : AIR1987Pat175; 66STC178(Pat)
..... goods by an owner himself during the course of their inter-state movement. reliance was sought to be placed on a division bench judgment of the punjab high court reported in 54 stc 226 : (1984 tax lr 2982) (bata india limited v. state of haryana).8. the challenge on the ..... dated 28 december, 1985s. o. 1432 -- in exercise of the powers conferred by sub-section (2a) of section 31 of the bihar finance act, 1981 (bihar act 5 of 1981) part-i, the commissioner adopts forms xxvi1ia and xxviiib as the declaration for the purpose of the aforesaid sub-section which a ..... interstate trade and commerce, primarily because it required a despatch permit for the movement of those goods. herein again under section 35 of the finance act the notification prescribes the stringent requirements of the form of the permit under form xxviiib and the securing of a transport permit from the designated authority ..... containing all the particulars, it shall be deemed to be a violation of the provisions of sub-section (2a) of section 31 of the said act.(iii) the prescribed authority, after verification of the consignment, shall make appropriate endorsement in respect of the result of verification on both the copies, ..... payable and prescribes the following manners in which such permit shall be utilized for verification and assessment of tax payable under part i of the said act: --(i) a person transporting goods, exceeding the quantity notified under section 35, on a goods-carrier or a vessel shall carry form xxviiia .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-23-1986
Reported in : II(1987)ACC80; AIR1988Guj13; (1987)1GLR559
..... for the union of india.22. we were also taken to the decision of the delhi high court in the case of madanlal jain v. municipal corporation of delhi 1982 acc cj 374: (air 1982 delhi 282). the case before the delhi high court was almost parallel to the case before ..... against them in the alternative or jointly with the former because of composite negligence'.we respectfully concur with the aforesaid view of the majority of the punjab and haryana high court and the view expressed by the d. b. of allahabad high court.18. we may now briefly mention other side ..... aforesaid judgment of the high court of australia comes very apposite in interpreting the words used by the provisions in s. i 10(l) of the act conferring jurisdiction on the tribunal for adjudicating claims for compensation in respect of accidents arising out of use of motor vehicles. that 'would, therefore, ..... an examination of the aforesaid statutory provisions and the scheme of the enactment as projected by these provisions. that the claims tribunal constituted under the act is empowered to adjudicate upon all claims for compensation in respect of accident involving the death or the bodily injury to persons where the accident ..... of the ordinary civil court to entertain such claim% would automatically get excluded by joint operation of ss. 1100) and i 10-f of the., act. it at once becomes clear that the legislature while providing for exclusion of ' jurisdiction of ordinary civil courts in connection with adjudication (if claims from .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-14-1986
Reported in : 160ITR450(P& H)
..... v. d. dhanwatey v. cit : 68itr365(sc) p. n. krishna iyer v. cit : 73itr539(sc) and pratap veer kakkar v. cit  107 itr 435are distinguishable on facts and in all of them it was found as a fact that the salary received by the assessee was because of the contribution and ..... sections 67 and 182(2) of the income-tax act, 1961, and further erred in coming to the conclusion that the salary was rightly assessed in the hands of the assessee by ignoring relevant pieces ..... in the said firm and the share income had already been allocated in the hands of the huf under sections 182(2) and 67 of the act ?(ii) whether, on the facts and in the circumstances of the case, the tribunal was justified in ignoring the relevant provisions of law contained in ..... to be his personal income. having failed before the appellate authority as well as the tribunal, he moved an application under section 256(1) of the act which was also rejected. thereafter, he filed the present petition under section 256(2) for a mandamus requiring the tribunal to refer the following three questions ..... his individual income while framing the assessments, the assessee, therefore, moved an application under section 143(2)(i) of the income-tax act, 1961 (for short called 'the act'), for deleting the said amount from his personal assessment. the income-tax officer rejected the application observing that if there was any mistake .....Tag this Judgment!
Court : Delhi
Decided on : Oct-28-1986
Reported in : AIR1987Delhi180; 1987(12)DRJ13; 1987RLR51
..... respect of the premises hereby demised shall be recoverable in the same manner as arrears of land revenue under the provisions of the punjab land revenue act, xvii of 1887, and any amending act for the time being in force.' (12) what mr. r.k.p. shankardass contends 2(2) relates to clause ..... 13, tolstoy marg, new delhi, is to be used for commercial purposes. the 'master plan is statutory. this was so stated by the supreme court in municipal corporation of delhi v. kishan dass & another, air 1969 s.c. 390. the supreme court said, 'there is no controversy, in this case, that ..... withhold the permission or otherwise interfere with the construction of the multi-storeyed building in accordance with the plans sanctioned by the concerned municipal authority, i.e. new delhi municipal committee.' (15) it is too well settled that a question of law can be raised at any stage of the proceedings, ..... the rates on the basis of which 'conversion charges' had to be paid, as i find that the statutory provisions of the delhi development act, which bind the government, have resulted in statutory direction which also enables the use of the plot in question for commercial purposes. the statutory addition ..... clause is operative between the parties, and the parties are bound under the same. had it not been statutory enactment of the delhi development act, particularly provision of section 14 thereof, which prohibits the use of any land or building for purposes other than the contemplated by the master plan .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-04-1986
Reported in : 1986(9)ECC94; 1986(26)ELT539(P& H)
..... . president of india and ors., a.i.r. 1982 s.c. 149. a rate payer of local authority can question the action of the municipality in granting cinema licence. a convict can espouse the cause of a fellow prisoner and file a habeas corpus petition. public spirited professors were allowed to ..... applicant is not directly affected by the orders passed by any of the respondents. this court has framed rules, which are titled as writ jurisdiction punjab and haryana rules, 1976 for the trial and disposal of writ petitions. according to rule 32, the provisions of code of civil procedure, 1908 ..... of excise duty.7. dissatisfied with the orders of the assistant collector, ludhiana, the writ petitioner filed an appeal. the appellate authority under the act mainly relying on adjudicatory judgments of the tribunal, which is the apex authority under the hierarchy of the departmental authorities, held that hrbo was classifiable ..... are proposed to be disposed of by this order.6. the writ petitioner has filed a writ petition against the authorities exercising jurisdiction under the act. the writ petitioners had classified the hrbo under tariff item no. 12, but the ace did not accept the stand of the petitioner and ..... of the central excise and gold control appellate tribunal (for short 'the tribunal') which is the apex adjudicatory authority under the central excise and salt act held that hrbo manufactured by the petitioners would fall under tariff item no. 12 and not tariff item no. 68. he set aside the order .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-30-1986
Reported in : AIR1987P& H5
..... hindus love or hate. you love those whom they hate and hate those whom they love'-apply this formula to the situation in punjab. upper caste hindus hate bhindranwale and his committed boys, dalits should, therefore, love them. sikh religion was created to rescue dalit ..... not any high priest. one bhindranwale may be dead, but hundreds of bhindranwale are born out of his blood.what is going on in punjab today is a welcome, long overdue clash between internal contradictions. without resolving the internal contradictions, we cannot resolve the external contradictions. 'the ..... militant, committed bhindranwale boys from taking over the golden temple. why? because the sikh masses are behind bhindranwale who today reigns supreme over punjab. in other words, the 'elected' akali government, sgpc, the high priests and the low priests have lost the support of the people ..... love'. this simple ambedkar formula for the guidance of dalits can be applied whenever we are in confusion'. xxx xxx xxx right now in punjab, the hindus, meaning the upper castes, are very much worried over 'extremists' capturing the golden temple at amritsar............ that means, these ..... act, if not more. it is true that the article does not directly exhort its readers to do anything but the style of writing is positively suggestive recommending action on the path chosen by bhindranwale and his followers.14. now who was bhindranwale and for what he stood for is available' in the government of lndia's white paper on the punjab .....Tag this Judgment!