Court : Delhi
Decided on : Mar-18-2002
Reported in : 2002VIAD(Delhi)702; AIR2002Delhi332; 97(2002)DLT649; 2002(64)DRJ630
..... in the first week of august, 1999 a process server informed the petitioner about the execution proceeding. it was alleged that the court at ferozepur. punjab executing the order had issued the attachment warrant on 13.8.1999, thereforee, there was no occasion for the process server going to the residence of ..... another income of rs. 3000/- p.m. from interest. 11. while estimating the income of a spouses in a proceeding under section 24 of the act, some guess work often tries to conceal his/her income in order to lower the income or defeat the claim of the opposite party. in this ..... first question that arises for decision is whether the delay in filing the revision petition may be condoned. in the application under section 5 of the limitation act the petitioner alleged that he had filed a divorce petition against the respondent in karkardooma court and had engaged mr. r.k. srivastava, advocate. his ..... also filed an application under section 24 of the act for grant of interim maintenance and tef expenses of the proceeding to her. it was alleged that she had no movable or immovable property and had ..... . briefly stated, the facts leading to this revision petition are that the petitioner husband filed a petition under section 13(1)(i)(a) of the act for dissolution of his marriage with the respondent on the ground of cruelty and desertion by her. this petition was contested by the respondent wife. she .....Tag this Judgment!
Court : Kerala
Decided on : May-30-2002
Reported in : 129STC389(Ker)
..... has got to be accepted.'in hindustan lever ltd. v. municipal corporation of greater bombay : 3scr807 while considering a property tax matter it was held that in the case of a taxing provision 'an ..... constitution of india.' reference is also made in the said decision to the apex court judgment in video electronics put. ltd. v. state of punjab  77 stc 82. it was further held as follows :'power of the union or state to exercise legitimate regulatory control is independent of ..... infra vires the constitutional provisions mentioned above. it needs no elaborate discussion to also hold that it is intra vires section 10 of the kgst act since under the said provision the government is competent to issue a notification in the matter of tax concession or exemption.7. the legislative ..... violative of article 301 of the constitution of india. counsel submitted subjecting the petitioner to levy of sales tax under the kerala general sales tax act while granting exemption to identical poultry farmers in the state of kerala is highly discriminatory violating the guarantee of article 304(a) of the ..... tax, west bengal ii v. naga hills tea co. ltd. : 89itr236(sc) , the supreme court while construing the provisions of the finance act, 1959 observed as follows :'if a provision of a taxing statute can be reasonably interpreted in two ways, that interpretation which is favourable to the assessee, .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-10-2002
Reported in : AIR2003All102
..... action does not satisfy these rules, it is to be treated as arbitrary. [in g.b. mahajan v. jalgaon municipal council : air1991sc1153 . venkatachaliah, j. (as he then was) pointed out that 'reasonableness' of the administrator under article 14 in the context of administrative law has to be judged from ..... guarantees liberty and has also been subjected to principles of 'proportionality.' provisions of criminal procedure code, 1074 and the indian penal code came up for consideration in bachan singh v. state of punjab : 1980crilj636 , the majority upholding the legislation. the dissenting judgment of bhagwati, j. [see : 1scr145a dealt elaborately with 'proportionality' and held that the punishment provided by the statute ..... courts would then be confined only to a secondary role and will only have to see whether the administrator has done well in his primary role, whether he has acted illegally or has omitted relevant factors from consideration or has taken irrelevant factors into consideration or whether his view is one which no reasonable person could have taken. if his ..... questions of discrimination are involved and the court is a primary reviewing authority. according to prof. craig, this is likely to be the position under article 14 of the english act, 1998. 64. in the us, in the matter of discrimination, tests of 'intermediate scrutiny' and 'strict scrutiny' have been laid down. in cases of affirmative action, the us .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-22-2002
Reported in : (2003)133PLR265; 132STC397(P& H)
..... of construction of a provision of a statute or a notification, he cited some more authorities. he first referred to the decision of the supreme court in municipal corporation of greater bombay v. mafatlat industries and ors., (1996)8 supreme court cases 27, wherein it has been held that 'it is a cardinal ..... proceed to make good deficiencies in a provision, if any. for this purpose,he placed reliance on the judgment of the supreme court in the state of punjab v. jullundur vegetables syndicate, a.i.r. 1966 supreme court 1295. he also placed reliance on another judgment of the supreme court in bajaj tempo limited, ..... not to frustrate it. he pointed out that in the present case also, the provision for exemption of sales tax under section 13-b of the act has been incorporated in order to promote industrial growth in the state of haryana and, therefore, the restriction placed in the negative list has to be ..... j.t. 2001(6) supreme court 74, where the supreme court while interpreting entry 24-b of the 1st schedule to the andhra pradesh general sales tax act, 1957, held that the expression 'mention' could not be equated with the expression that has suffered tax under entry 24.8. mr. sibal lastly contended ..... covered under entry no. 10 of the notification dated 11.2.94 or not. rule 28-a sub rule 13 made under haryana general sales tax act, 1973 provides that 'the incentive of exemption/deferment of payment of tax shall be available to the industries of class of industries except those specified in .....Tag this Judgment!
Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT
Decided on : Oct-11-2002
..... he was elected that: "there is nothing in the show cause notice or the ultimate order to hold how the act of the appellant had "obstructed the working of the municipal council" or was "against the interest of the council". we are, therefore, clearly of the opinion that not only ..... the show cause notice. in this context he cited the decision of the hon'ble supreme court in tarlochan devsharma v. state of punjab (2001) 6 scc 260 wherein the hon'ble court was considering an appeal challenging the removal of the petitioner from the post of president ..... the portfolio investment scheme (pis) is operated.8. respondent no.1 is an authority established under the securities and exchange board of india act, 1992 (the act) entrusted with the duty of protecting the interests of investors in securities and to promote the development of and to regulate the securities market ..... the principles laid down by the supreme court are binding on the adjudicating officer of sebi also. therefore, his observation that "whether or not the act of non disclosure was intentional or unintentional the failure on the part of the acquirer in complying with the regulation 7 of the takeover regulation, ..... "balmeworthy" conduct", that the court had further observed that - "the high court apparently fell in error in treating the "blameworthy conduct" under the act as equivalent to the commission of a criminal offence, overlooking the position that the "blameworthy conduct" in the adjudication proceedings is established by proof only .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-06-2002
Reported in : 2002(3)ALD538
..... relevant case law in chintaman rao v. stale of m.p., : 1scr759 , narendra kumar v. union of india, : 2scr375 , parvej aktar v. union of india, : 1scr803 , municipal corporation of the city of ahmedabad v. jan mohd. usmanbhai, : 2scr700 , sushila saw mill v. state of orissa, : air1995sc2484 , slate of kerala v. joseph antony, : air1994sc721 , kerala swathantra ..... selling adulterated venigar sold under licence granted under fruit products order, 1955 made by the central government under section 3 of the act. the high court of punjab agreed with the accused and annulled the prosecution. before the supreme court it was submitted that the fruit products order, could not harmoniously coexist on the statute book ..... essential commodities and therefore the government can also control the quality and that by reason of the impugned control order there is no conflict between the pfa act and the essential commodities act. he would ..... ('pfa act' for brevity). sri p. sri raghuram, learned counsel for the fourth respondent in w.p. no. 21027 of 2000 (consumer care centre, hyderabad) has placed reliance on a judgment of the supreme court in municipal corporation of delhi v. shiv shanker, : 1971crilj680 , to submit that the quality control is an important ancillary and supplementary matter in relation to .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-05-2002
Reported in : 2003(2)AWC870
..... (2) was considered by the supreme court in three leading cases :(1) punjab national bank ltd. v. k. l. kharbandu, 1962 (1) llj 234. (2) central bank of india ltd. v. p. s. rajagopalan etc., 1964 sc 734. (3) municipal corporation delhi v. ganesh razak, 1995 (1) llj 395. in these ..... its operative portion by the employers. thus, the other two contentions of the employers that the adjudication proceedings under section 10 of the industrial disputes act, 1947 which finally decide the industrial dispute or adjudicate are subject to execution proceedings are fallacious, misconceived and cannot be sustained. in so far as ..... it was only an incidental question, as such the labour court had jurisdiction to determine by an incidental enquiry under section 33c(2) of the act as to whether any new conditions have been imposed upon the workmen or not. the labour court was, therefore, competent to determine the benefit, as ..... agarwal submits on the basis of the aforesaid judgment given in central bank of india's case (supra) that under section 33c(2) of the act, the labour court had power to decide the incidental question of the nature involved in the writ petition and holding that due to some difference or ..... -implementation of the award of the labour court in letter and spirit the workmen filed an application under section 33c(2) of the industrial disputes act (central) before the labour court, gorakhpur praying that the benefits of reinstatement arising out of the award of the labour court dated 23.4. .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-30-2002
Reported in : 116CompCas588(Guj)
..... cannot be assailed on the ground that certain aspects were not considered or the relevant provisions were not brought to the notice of the court (see ballabhdas mathuradas lakhani v. municipal committee, malkapur : air1970sc1002 and t. govindaraj mudaliar v. state of tamil nadu : 3scr222 ). when the supreme court decides a principle it would be the duty of the high court ..... matters other than law have no binding force. several decisions of the supreme court are on facts and that court itself has pointed out in gurcharan singh v. state of punjab  fac 549 and prakash chandra pathak v. state of uttar pradesh : air1960sc195 that as on facts no two cases could be similar, its own decisions which were essentially on ..... has time and again laid down the guidelines for reading and applying its own decision.(a) in the case of municipal committee v. hazara singh : 3scr914 , the supreme court dealing with the matter of the provisions of the food adulteration act approved the approach of the kerala high court in the following terms (page 796) :'judicial propriety, dignity and decorum, demand ..... official liquidator and it is not open to the lessors to seek direction against the official liquidator to disclaim the property.(i) that section 535(1) of the companies act, 1956 ('the act') specifies four types of properties and if the property does not fall within any of the four clauses, the official liquidator has no right to disclaim. that leasehold rights .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-18-2002
Reported in : 2002(4)WLC67; 2003(2)WLN298
..... at the time of notification under agriculture and was valued as an agricultural land on the basis of average sale price of previous five years, the land being included within municipal limits of the city, which was a developing city as an industrial town the land in dispute had great potentialities as residential area and had acquired an urban character which ..... by the cat in a contempt case.14. learned counsel for the respondents drew our attention to decision of delhi high court in mahli devi v. chander bhan, : air1995delhi293 , of punjab high court in shri chand sheo lal v. union of india, and of supreme court in vanita m. khanolkar v. pragna m. pai, jt 1998 (7) sc 17 and nuclear ..... of irrigation deptt. of the state of rajasthan. the supply of water from any irrigation and drainage work in rajasthan is regulated under the provisions of rajasthan irrigation and drainage act.6. learned counsel for all the non-applicants, opposite parties, raised a preliminary objection before the civil judge (senior div.), that reference was not maintainable as application for submitting reference ..... price at the rate of rs. 37,500/- per bigha. the said respondents, therefore, made an application for submitting reference to the court under section 18 of the land acquisition act. said application was allowed. in the land acquisition reference case state of rajasthan through collector, sriganganagar, the land acquisition officer, surat, distt. sriganganagar and union of india through secretary, govt .....Tag this Judgment!
Court : Guwahati
Decided on : Aug-13-2002
..... (xiv) 1980 (supp) scc 391 (smt. pushpa v. union of india and ors.) (xv) (1982) 1 scc 12 (sat pal v. state of punjab and ors.) 14. in reply, mr. choudhury, learned central govt. standing counsel while referring to the affidavit filed on behalf of the respondent no. 1 has argued ..... regard, to do so with reasonable expedition and utmost concern. the judicial pronouncements noticed hereinabove, clearly proclaim that if the provisions of the act are not scrupulously adhered to and if the representation submitted by the detenu is not attended to and disposed of at the earliest, the ..... preventive detention has really its roots in the constitutional guarantee enshrined in article 22(5) or the constitution of india, any provision in the act which requires affording of such an opportunity to the detenu is in addition to such constitutional right. while interpreting the expression 'earliest' it is ..... the process of disposal of the representation submitted by the detenu therein. 24. in smt. khatoon begum (supra), the detention was under the act, a contention was raised on behalf of the respondent authorities that the rule requiring expeditious consideration of a detenu's representation is a judge-made ..... justify the order of detention and the detaining authority being fully satisfied with the detention of the petitioner was necessary to prevent him from acting in a manner prejudicial to the maintenance of public peace, order and tranquility had passed the impugned order of detention. she has argued .....Tag this Judgment!