Court : Guwahati
..... 5, providing for deduction of tax.3. the said act was again amended by the assam entry tax (amendment) ordinance act, 2005, which came into effect on may 12, 2005, on publication in the official gazette, which, however, was replaced by the assam entry tax (second amendment) act (in short, 'the second amendment act') giving the effect from may 12, 2005, i.e., the date on which the ordinance ..... taxing'. in another affidavit filed by the commissioner of taxes on behalf of all the respondents including the state in w.p. (c) no. 5827 of 2002 fish traders association v. state of assam a stand has been taken that the entry tax is levied to check the evasion of taxes. in the consolidated affidavit-in-opposition filed in w.p. (c ..... -in-opposition filed in w.p. (c) no. 8445 of 2003 (britannia industries ltd. v. state of assam reported as itc limited v. state of assam  9 vst 250 (gauhati)) in w.p. (c) no. 5827 of 2002 fish traders & packers association v. state of assam and in the consolidated affidavit-in-opposition filed in w.a. no. 462 of 2006 state of ..... assam v. chhotabhai fethabhai patel tobacco and in w.a. no. 465 of 2006 state of assam v. indian tobacco co. ltd. it is submitted by the learned .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1971SC1358; (1970)2SCC817; 1SCR931
..... issued, for all purposes a town committee became a municipality and on that account the notification continued to remain in operation. in our judgment, under the provisions of the assam general clauses act, 1915, section 26 saves the notification in question. section 26 provides, inter alia :where any enactment is repealed and re-enacted with or without modification, then, unless it is ..... assam municipal act. counsel invited our attention to section 2 of the assam municipal act, 15 of 1957 as originally enacted. by section 2 of that act the assam municipal act, 1923 was repealed; and by clause (b) of the proviso to that section it was provided :all municipalities ..... to the notified area committee including the nazira town committee. but no notification under section 328 of the assam municipal act, 1923 extending the boundaries of the nazira town committee area was issued. in 1957 the assam municipal act, 1923 was repealed and was replaced by the assam municipal act 15 of 1957. on january 6, 1964 notification was issued under section 4(1)(b) of ..... area belonging to the company withtin the nazira town committee and the final notification dated september 30, 1964, were unauthorised, because the provisions of sections 4 and 5 of the assam municipal act 15 of 1957 were not extended to the nazira town committee by notification issued under sub-section (3) of section 336 of the .....Tag this Judgment!
Court : Delhi
Reported in : 147(2008)DLT691
..... v. p.v. narayana : 1971crilj676 ; pooran mal v. director of inspection : 93itr505(sc) and state of m.p. v. ramesh c. sharma 2005 (12) scc 628. i, thereforee, see no reason to grant the prayer of the petitioners for issuance of a writ of prohibition restraining the learned acmm from ..... entire second investigation was illegal as the case on the same facts was already pending before the ambala court, thereforee, the delhi court acted without jurisdiction in taking cognizance of the case on the basis of illegal investigation and the report forwarded by the police. the magistrate referred ..... of material gathered during search and seizure by the income tax authorities in contravention of the provisions of section 132 of the income tax act, 1961, held that the courts have consistently refused to exclude the relevant evidence merely on the ground that it was obtained by illegal ..... or negligence on the part of the accused doctor. the investigating officer should, before proceeding against the doctor accused of rash or negligent act or omission, obtain an independent and competent medical opinion preferably from a doctor in government service, qualified in that branch of medical practice ..... is patently illegal and vitiates the proceedings. according to him, the allegations of falsification of the records relate to investigation into the offences under the ndps act by rahul mahajan and others (accused in fir no. 104/2006), which case was investigated by the s.h.o., police station tughlak road, .....Tag this Judgment!
Court : Guwahati
..... of the petitioner-association have been plying their buses since the days of independence and much before barpeta town committee was established, in the year 1961, under the provision of assam municipal act, 1956. barpeta road municipal board (in short, 'the respondent-board') replaced barpeta town committee in the year 1976. the respondent-board has started collection of parking fees ..... from the buses, trucks, tractors, taxis, mini buses, mini trucks, tempo, auto-rickshaws, etc., the parking fees being different for different kinds of vehicles. section 148 of the assam municipal act, 1956, as the same stands amended since the year 1994, empowers the respondent-municipal board to collect parking fees from trucks, taxis, auto-rickshaws, etc., for parking the vehicles ..... petitioners have challenged the levy of parking fees on different grounds, all these grounds may, in substance, be summarized as follows:(i) a municipal board, constituted under the assam municipal act, 1956, is not empowered to collect any fee from any motor vehicle except licence fee in respect of cart, carriage and animal. parking fees cannot be imposed on motor ..... writ petition, i express no opinion on the legality or justification of the rates of fees imposed by the respondent-town committee.is a municipal board, constituted under the assam municipal act, 1956, not empowered to collect any fee from any motor vehicle except licence fee in respect of cart, carriage and animal ?33. turning to the contention of mr .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1983KAR223; 1984(2)KarLJ185
..... is filed by the state challemfiing the determination of court fee primarily on the ground that it should have been notified under section 19 of the act before such determination. on 30-3-83 the state has filed a memo praying for permission to withdraw this revision petition, which reads thus:' ..... order of the hon'ble court that the relief shall be valued under the provisions of section 24(b) of the karnatakacourt fees and suits valuation act, 1958 (as amended) the plaintiffs submit the revised valuation slips as under :-sl.no.description of relief valuecourt fee payable.12341.for declaration of right ..... the anxiety of the legislature to collect court fee due from the litigant is manifest from the detailed provisions made in chapter iii of the act, but those provisions do not arm the defendant with a weapon of technicality to obstruct the progress of the suit by approaching the high court ..... exercise jurisdiction vested in the subordinate court or assumption of jurisdiction which the court does not possess or on the ground that the court has acted illegally or with material irregularity in the exercise of its jurisdiction. the defendant who may believe and even honestly that proper court fee has not ..... thecourse of the enquiry to comply with the requirements of natural justice. it may in perfect good faith havemisconstrued the provisions giving it power to act so that it failed to dealwith the question remitted to it and decided some question which was not remitted to it. it may have refused .....Tag this Judgment!
Court : Mumbai Goa
..... above petition, inter alia, seeks to quash and set aside by a writ of certiorari the corrigendum no. 22/27/2003-rd dated 23.02.2005. 3. briefly the facts of the case are that the petitioners with the consent of their mother in law, purchased part of a2 and no. ..... concerned, inter alia, that the important ingredient, namely, "public purpose" is absent in the proposed acquisition or the acquisition is mala fide. the la act being an expropriatory legislation, its provisions will have to be strictly construed. 15. hearing contemplated under section 5a(2) is necessary to enable the collector ..... learned counsel. we have also gone through the records. as pointed out herein above while submitting a report under section 5a of the said act, the land acquisition officer in fact accepted the objections raised by the petitioners to the proposed acquisition. the land acquisition officer in fact pointed ..... of acquiring land would not arise. learned counsel further pointed out that in the objections raised by the petitioners under section 5a of the said act, a specific objection was raised with that regard which the land acquisition officer while submitting his report had upheld the objections. learned counsel further pointed ..... section 6 of the said act. in such circumstances, we have no hesitation to grant the relief sought by the petitioners to quash and set aside the corrigendum/notification no. 22/27/2003-rd dated 23.02.2005 published in the official gazette on 03.03.2005 in respect of the land .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2000KAR1418; 2000(3)KarLJ628
..... provisions, instructions and procedural safeguards, the state may have suffered financially, particularly by allotment of work on nomination basis without inviting tenders, but those acts of omission and commission by themselves do not establish the commission of criminal offences alleged against them'.in the present case, as fairly admitted by ..... petitioner someone else obtains any pecuniary advantage the same cannot fall under the offence as defined under section 13(1)(d) of the pc act. as admitted by the learned counsel for the respondent, absolutely there is no material to show that the petitioner obtained any pecuniary advantage for ..... obtained such valuable thing or pecuniary advantage for or on behalf of any other accused. according to the learned counsel, if by a mere act of the petitioner of placing the order of accused 3 before the government or the chief minister (accused 2) in his official capacity as ..... penal code defines 'criminal conspiracy' to mean when two or more persons agree to do, or cause to be done (1) an illegal act, or (2) an act which is not illegal by illegal means. provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy. ..... facts by themselves, according to the learned counsel for the petitioner, do not constitute any offence of criminal misconduct as defined under the pc act nor is there any material to show that the petitioner has entered into a criminal conspiracy with any of the accused to commit any offence .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(1)BomCR36; (2007)109BOMLR2285; (2008)IILLJ358Bom; 2008(1)MhLj654
..... chances of amicably settling the dispute were remote and therefore the conciliation proceedings were concluded in failure and failure was recorded on 1.9.2005'. 40. the above pleadings clearly show that there existed a substantial dispute between the parties which prima facie satisfying the requirements of section ..... in the case of radhey shyam v. state of haryana 1997 (6) slr 1 22 section 2(a) was inserted in this act by amendment act 35 of 1965 which was effective from 1.12.1965 with a clear legislative mandate to enable an individual workman to raise an ..... 10 read with section 2(k) of the act and the said dispute was incapable of being finally decided, without proper legal adjudication process. 41. section 2(k) defines an 'industrial dispute ..... settlement clearly show that the settlement was arrived at during the conciliation proceedings.36. despite the fact that the provisions of the industrial disputes act do not provide any limitation, it will always be appropriate for a workman to approach the concerned authorities for making a reference at the ..... in order to fight for the legal rights, the petitioners submitted an application before the regional labour commissioner (central), under the provisions of the act for conciliation. pursuant thereto, respondent no. 1 took cognizance and came to realise that there exists an industrial dispute between the parties. notice on .....Tag this Judgment!
Court : Karnataka
Reported in : 2002CriLJ3311
..... rough evaluation of the statistics over the last few years the disturbing position that is revealed is that in more than 96% of the cases where the provisions of this act have been invoked it has subsequently been established that the invocation was motivated and thoroughly unjustified and there is, therefore, considerable substance in the grievance projected by mr. jadhav ..... cannot get the benefit for which section 438 was promulgated by the legislature when the new code was introduced by grafting on the allegation that the provisions of the atrocities act are attracted. the law commission and the legislature itself took serious note of the fact that extremely grave repercussions are possible where false or unjustified charges are levied and accused ..... that they are virtually a blot on civilised behaviour and that the reason why very special and stringent provisions have been made by the legislature through the medium of this act and consequently, that it is not discriminatory. the supreme court iri essence has pointed out that these are a special class of offences directed against restricted sector of society ..... 18-1-2002 has referred the following three points to the division bench for adjudication:-(1) whether section 18 of the scheduled caste and scheduled tribes (prevention of atrocities) act, 1989, (hereinafter called 'act' for short) is a bar for entertaining the petition under section 438, cr.p.c. ?(2) whether the courts entertaining the petitions under section 438, cr.p. .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1976SC1503; (1976)3SCC800; SuppSCR664
..... definition of the order rejecting a plaint, it became necessary to make a corresponding change in schedule ii article 11 of the court fees act and by act v of 1908 the words 'from an order rejecting a plaint or' used in schedule ii article 11 before 1908 were expressly omitted ..... narain v. the simla banking & industrial company ltd. : 1scr603 where this court observed as follows :now, the displaced persons (debts adjustment) act is one of the statutory measures meant for relief and rehabilitation of displaced persons. it is meant for a temporary situation brought about by unprecedented circumstances. it ..... be made by some of the courts does not appear to be consistent with the scheme and language of the statute. section 15 of the act deals with the consequences of application by displaced debtor. the next relevant provision is section 18 which regulates the procedure for claims against insurance companies ..... and, therefore, the question of payment of ad valorem court fees did not arise. in this connection it was also submitted that the act being a beneficial statute was designed to provide a cheap and expeditious remedy to displaced persons in certain circumstances and therefore the parliament never intended ..... in which it has been judicially interpreted, unless a contrary intention appears. 24. in barras v. aberdeen steam trawling and fishing company  a.c. 402 lord buckmaster pointed out as follows :it has long been a well-established principle to be applied in the .....Tag this Judgment!