Court : Punjab and Haryana
Decided on : Mar-04-2004
Reported in : 2005(1)ARBLR79(P& H); (2004)138PLR172
..... a.s. nagar (mohali) v. m/s amar nath aggarwal constructions (p) ltd. panchkula and anr., a.i.r. 1987 s.c. page 2316 in case municipal corporation of delhi v. jagan nath ashok kumar and anr., and a.i.r. 1987 s.c. page 81 in case hindustan tea co: v. k. sashikant ..... trial court. i found no merit in the application and the same stands dismissed. if the amount is deposited by the appellants applicants state of punjab before the learned trial court, the same be paid to the petitioner firm m/s sutlej construction co. on furnishing adequate security for its restitution ..... it can not be held that a prima facie case and balance of convenience is in favour of the applicants appellants state of punjab. in case the application filed by the applicants appellants for stay of the operation of the impugned judgment is dismissed the appellants are not likely ..... in detail in the impugned judgment. the only allegation against the arbitrator regarding misconduct is that he conveyed message to the appellants applicants state of punjab through the distt. attorney that the counter claim shall not be entertained in cases the fees of the arbitrator is not given. no evidence has ..... is that the award can be set aside only if there is evidence of corruption, acts of fraud or conducting the proceedings against the provisions of law. moreover, the objections filed by the applicants appellants state of punjab have been dismissed by the learned trial court. in the light of these circumstances, .....Tag this Judgment!
Court : Gujarat
Decided on : Jun-30-2004
Reported in : (2005)2GLR1266
..... co. pvt. ltd. v.andhra bank, hyderabad and ors., reported in a.i.r. 2001 sc 477, (ii) punjab state electricity board v.bassi cold storage, khara and anr., reported in a.i.r. 1994 sc 2544, and (iii) municipal corporation of delhi v. messrs ajanta iron and steel company (pvt) ltd., reported in a.i.r. 1990 sc 882 ..... charges, disconnection of supply ofelectricity for non payment thereof, restorationof supply of electricity, tampering, distress ordamage to electrical plant, electric lines ormeter, entry of distribution licensee or anyperson acting on his behalf for disconnectingsupply and removing the meter, entry forreplacing, altering or maintaining electric linesor electrical plant or meter.' 18. the learned advocate submitted that, until the state ..... isunjust, arbitrary, and hence the same is withoutgiving any notice to the appellant-- consumer.''8. the learned counsel for the respondentplaced strong reliance on section 24 of theindian electricity act, 1910 which contemplatesseven days' notice before disconnection. section 24 does not apply to demand on detection ofpilferage. it would apply to a case of regularsupply made and prior ..... or supply of electricity underthe provisions of the repealed laws or any actspecified in the schedule on or before theappointed date shall be deemed to be a licenseeunder this act for such period as may bestipulated in the licence, clearance or approvalgranted to him under the repealed laws or suchact specified in the schedule, and the provisionsof the .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Jan-28-2004
Reported in : 2004(2)MPHT76; 2004(2)MPLJ140
..... and names of those neutral need not be recorded and absence of such recording does not render motion invalid.19. in the case of sojharmal v. municipal council, kharsia (1964 jlj 139) the question involved was where the statute not prescribing the mode of voting, whether the ballot-mode of voting ..... the judgments in the case of manohar singh marwaha v. state of m.p. [2003 (i) mpjr 12] and tarlochan dev sharma v. state of punjab and ors. (air 2001 sc 2524) and submitted that in a democracy governed by rule of law, once elected to an office in a democratic institution, ..... the requirements or conditions, although mandatory, may be waived by him if no public interest are involved and in such a case the act done will be valid even if the requirements or conditions have not been performed. full bench referred to two judgments in the cases of dhumadhandin v ..... but they are directory in nature. it is further held that the general rule is that non-compliance of mandatory requirement results in nullification of the act. there are, however, several exceptions to the same. if certain requirements or conditions are provided by statute in the interest of a particular person, ..... elected as president of the zila panchayat under section 32 of the madhya pradesh panchayat raj and gram swaraj adhiniyam, 1993 (hereinafter, referred as the 'act'). after her election, an application was submitted to the commissioner, chambal division by some of the members of the panchayat proposing to move motion of .....Tag this Judgment!
Court : Rajasthan
Decided on : Sep-10-2004
Reported in : (2004)191CTR(Raj)303; 277ITR166(Raj)
..... : 183itr401(sc) . it was a case where the same goods were subjected to levy of tax under u.p. st act as well as to fee under municipalities act. the contention was raised challenging the levy on the ground that it amounts to double taxation on the same subject-matter. the contention ..... in its earlier decision in avinder singh v. state of punjab : 1scr845 holding that 'there is nothing in article 265 of the constitution from which one can spin out the constitutional vice called double ..... on this premise, the court further concluded :'where more than one legislative authority, such as the state legislature and a local or municipal body, possess the power to levy a tax, there is nothing in the constitution to prevent the same person or property being subject to both ..... the state and municipal taxation or the same legislature exercising its power twice for different purposes.'in coming to this conclusion, the court referred to observations made ..... (1) * * * *(2) * * * *(3) * * * *(4) * * * *(5) 'gross total income' means the total income computed in accordance with the provisions of this act, before making any deduction in this chapter.'section 80ab. deductions to be made with reference to the income included in the gross total income.--where any deduction is required to .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-03-2004
Reported in : (2005)1UPLBEC331
..... of writ petitions relates to transfer of petitioner employees by the impugned order to state of uttaranchal in pursuance to provision contained in u.p. reorganization act, 2000 (act no. 29 of 2000) (hereinafter referred as act). the act was promulgated by parliament on 25th august, 2000 and it was notified in the official gazette on 9.11.2000 which is the 'appointed day ..... . for reasons best known to them had proceeded ahead to obtain option from the horticulture department and settled their placement, without having a look to the statutory provisions of the act. under the garb of government of india office memorandum dated 13.9.2000 referred hereinabove options were invited from the employees. in consequence thereof by another office memorandum dated 18 ..... the date of their appointment they have been continuing to discharge duty in the hill cadre till their services were transferred to state of up. after coming into force of act in the manner discussed hereunder. a copy of one such appointment letter has been filed as annexure-3 to the writ petition no. 5459/ss of 2004. at the face ..... record the appointment order was passed by the additional, director, horticulture and food processing, ranikeht. it appears that after enactment of the act by the parliament certain conversation took place at various level. after enactment of the reorganization act the government of india had sent a letter dated 13.9.2000 to the state of u.p. alongwith certain guidelines containing the .....Tag this Judgment!
Court : Orissa
Decided on : Jan-22-2004
Reported in : 97(2004)CLT302; 2004CriLJ2214; 2004(I)OLR367
..... . brij lal mittal, (1998) 5 scc 343 : 1998 air scw 2240 : air 1998 sc 2327 : 1998 cri. l. j. 3287) under the drugs and cosmetics act, 1940; municipal corporation of delhi v. ghisa ram, air 1967 sc 970 : 1967 cri. l.j. 939; chetumal v. state of madhya pradesh, (1981) 3 scc 72 : ( ..... sample to the central insecticides laboratory at that late stage would be of no consequence. this issue is no longer res integra. in state of punjab v. national organic chemical industries ltd., (1996) 10 jt (sc) 480 this court in somewhat similar circumstances said that the procedure laid down under section ..... have been deprived of their valuable right to have the sample tested from the central insecticides laboratory under sub-section (4) of section 24 of the act. under sub-section (3) of section 24 report signed by the insecticide analyst shall be evidence of the facts stated therein and shall be conclusive ..... was taken had already expired. according to sri routray, the petitioners having been deprived of such available right as provided under section 24(4) of the act, the same caused serious prejudice to them and on that ground alone the complaint is liable to be quashed. in support of such contention, learned ..... both the cases were taken up for hearing and disposed of.3. learned counsel for the petitioners sri routray referring to section 24 of the insecticides act contended that as provided in the said section, the insecticide analyst to whom a sample of any insecticide has been submitted for test, shall within a .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-15-2004
Reported in : AIR2004SC3757; (2004)4CompLJ108(SC); 2004(3)CTC63; (2004)188CTR(SC)297; 2004(93)ECC353; 2004(167)ELT3(SC); 267ITR9(SC); [2004(4)JCR66(SC)]; JT2004(4)SC568; (2004)3MLJ
..... three decisions were cited on entry 49, list ii taxes on land and buildings:-1. shri prithvi cotton mills ltd. & anr. vs . broach borough municipality & ors. : 79itr136(sc) .2. ralla ram vs . the province of east punjab 3. the govt. of a.p. & anr. vs . hindustan machine tools ltd. : air1975sc2037 .39. the judgment in the case of k. ..... parliament would have devised a formula for segregating the service component from the transaction and levied tax on that component alone. however, under the formula contained in the finance act, 1994, service tax is levied on 60% of the gross amount charged by the mandapmam -keepers from their clients, in cases where the mandapmam keepers are also providing ..... the definition of 'mandapmam ' and 'mandapmam keepers' are reproduced hereinbelow:-section 65(19) 'mandapmam ' means any immovable property as defined in section 3 of the transfer of property act, 1882 and includes any furnitures, fixtures, light fittings and floor coverings therein let out for consideration for organizing any official, social or business function.section 65(20) 'mandapmam -keeper' ..... beverages or crockery and similar articles or accoutrements for any purpose or occasion;(19) 'mandapmam ' means any immovable property as defined in section 3 of the transfer of property act, 1882 and includes any furnitures, fixtures, light fittings and floor coverings therein let out for consideration for organising any official, social or business function;(20) 'mandapmam -keeper' .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-07-2004
Reported in : (2004)138PLR755
..... a.i.r. 1967 punjab 389, municipal committee, dhanaula v. district magistrate, sangrur and anr.2- a.i.r. 1968 punjab & haryana 303 and jabar singh v. shadi3 a.i.r. 1975 punjab & haryana 373 and argued that the court fee under section 7 of the court fees act, 1870 is payable as ..... possession has been sought. on issue no. 2, it has been submitted that the approach adopted by the lower appellate court suffers from various legal infirmities.according to the learned counsel under sections 91, 92 and 93 of the indian evidence act ..... , 1872 (for short 'the act'), parol evidence could not be relied upon to explain the ambiguity in the exchange deed ex. pl and therefore, reliance made ..... of a latent fact removing any ambiguity. therefore, the said statement is not excluded as per the provisions of section 95 of the act which is an exception to the principles laid down in sections 91 and 92, concerning exclusion of oral evidence to the documentary evidence. moreover ..... 1 kings bench 805 and treital law of contract, 5th edition at pp.141-142. however, sections 91 and 92 of the indian evidence act, 1872 incorporate the afore- mentioned principles which read as unden:-'91. evidence of terms of contracts, grants and other dispositions of property reduced to .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jul-28-2004
Reported in : (2004)138PLR385
..... find that agreed rate of rent was rs. 200/- per month. in the absence of any evidence to satisfy the requirement of section 4(2), east punjab urban rent restriction act, there is abundant authority to hold that contractual rate, if not exorbitant, is the fair rent.'4. mr. d.d.bansal, learned counsel for the ..... this approach. besides that gian chand stated that rake of rent agreed with him was rs. 200/- per month, it was clear from the statement of pawan kumar municipal clerk (aw1) that shop no.393-a is assessed to annual rental value of rs. 2400/- in the house tax assessment register. smt. sant kaur v. ..... ground to press the petition for ejectment, then withdrew the petition. it was in 1983 that the tenant-petitioner filed an application under section 4 of the act seeking fixation of rent. he has already paid the rent to the landlord-respondent at the rate of rs. 300/- per month upto 31.8.1984 till ..... be dismissed because the tenant-petitioner had failed to claim any issue in the proceedings initiated by the landlord-respondent under section 13(2)(i) of the act seeking his ejectment on the ground of non-payment of rent. it appears that on the first date of hearing, he simply tendered the rent and the ..... applied and the excess amount be refunded.2. brief facts of the case are that in pursuance by applications filed under section 13(2)(i) of the act, the tenant-petitioner had tendered the rent at the rate of rs. 300/- per month as demanded by the learned-respondent. he had tendered the rent .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Dec-15-2004
Reported in : (2005)141PLR20
..... the landlord-respondent is confined only to residential area, has also not impressed me because the judgment of supreme court in harbilas rai bansal v. the state of punjab, (1996-1)112 the punjab law reporter 227 as followed by this court in ved parkash gupta v. state of haryana, (1997-2)116 p.l.r. 775 has done away with the ..... . the relevant observations on the issue made by the supreme court reads as under:-'the expression for his own use as occurring in section 13(3)(a)(iii) of the act cannot be narrowly construed. the expression must be assigned a wider, liberal and practical meaning, the requirement is not the requirement of the landlord alone in the sense that the ..... m.m. kumar, j.1. this is tenant's petition filed under section 15(6) of the haryana urban (control of rent and eviction) act, 1973 challenging concurrent findings of facts recorded by both the courts below holding that the demised shop is required by the son of the landlord-respondents, who has completed his ..... , i do not find any substantial force in the argument as well.5. no other argument has been urged warranting interference of this court under section 15(6) of the act.in view of the above, there is no merit in the petition. dismissed. .....Tag this Judgment!