Court : Rajasthan
Reported in : AIR1951Raj94a; 20ITR214(Raj)
..... over the difficulty of separate assessment of tax for the period from 1st april to 12th april as regards individuals in patiala & east punjab states union. in this second clause the words 'for any of the purposes of -this act' clearly signify that the aforesaid territory including rajasthan is a taxable territory for the purposes of levy, assessment & collection of ..... of 'taxable territories' did not include part b states. the fourth period is from 1.4.1950, when the taxable territories were to include part b states except patiala & east punjab states union. the fifth period starts from 13-4-1960, when the whole of india, except the states of jammu & kashmir became included in 'taxable territories.'17. so ..... india was rapidly changing after the indian independence act, 1947, & instead of defining india separately for the different periods of its expansion, the legislature provided different meanings to the expression 'taxable territories' according to the successive stages of expansion of india. upto 14-8-1947, the operation of the income-tax act has been limited to what was british india, including berar. ..... reference may be made to the states merger (governors' provinces) order, 1949, & the states merger (chief commissioners' provinces) order, 1949. the taxation laws (extension to merged states and amendment) act, 1949, extended the income-tax act to the merged states mentioned in the order, & was brought into force in the merged states on 1-4-1949. so during the second period .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1990SC2030; JT1990(3)SC707; 1990(2)SCALE454; (1990)4SCC627; Supp1SCR135; 1990(2)LC665(SC); (1991)1UPLBEC539
..... court directed that the total number of seats for admission to post-graduate courses in each medical college or institution on the basis of all india entrance examination shall be limited to 25% and such examination would be held by the all india institute of medical sciences at new delhi.3. by order dated september 25, 1987, this court made clear .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1961SC156; 1SCR259
..... is that the award of the boundary commission was not published till august 17, 1947, i.e., two days after the appointed day. thus the two new provinces, east punjab and west punjab, upto that date were comprised of whole and undivided districts as specified in schedule 2 of the act and the territorial jurisdiction of the courts of the various border districts was till ..... not cut down by any words in the article or in the order and therefore the decree of the courts of west punjab passed in proceedings pending immediately before the appointed day are not foreign judgments in east punjab and the limited interpretation contended for by the respondent is not sustainable. (2) the decree of the federal court of pakistan is covered by the ..... including the high courts even though its jurisdiction fell under s. 205 of the government of india act, 1935. the meaning of the words 'appellate jurisdiction' as used in clause (2) of art. 4 of the order is not affected by the subsequent extension of restriction of the jurisdiction of the court because the scope of the appellate jurisdiction may vary from ..... idea of a mere change based on the territorial jurisdiction of the court. the act in its second schedule contemplated the division by whole districts and it is well-known that the punjab government, as other governments to be affected by the act, had made an extensive survey of the punjab with a view to giving effect to the 'cabinet formula' for dividing the province .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (2005)139PLR400
..... this precise reason, the preamble of the said act is to the following effect:-'an act to restrict the increase of rent of certain premises situated within the limits of urban areas and the eviction of tenants therefrom.'3. after the partition of the country on august 14, 1947, the partitioned state of east punjab had no capital of its own, therefore, it ..... through a notification. the court, however, expressed the view that the rent act could be enforced into chandigarh through an act of parliament. it was thereafter that vide act no. 54 of 1974, the parliament passed east punjab urban rent restriction (extension of chandigarh) act, 1974 thereby extending the rent act to the union territory of chandigarh with retrospective effect from november 4, 1972. ..... territory of chandigarh in purported exercise of the powers conferred upon him by section 3 of the east punjab urban rent restrictions (extension to chandigarh) act, 1974 (hereinafter referred to as the 1974 act) whereby it has been directed that the provisions of the aforesaid rent act shall not apply to the 'buildings and rented lands' whose monthly rent exceeds rs. 1500/-, ..... sake of ready reference reproduce below:-no. 1986-utfi(1)-2002/9055.- in exercise of the powers conferred by section 3 of the east punjab urban rent restriction act, 1949 read with the east punjab urban rent restriction (extension to chandigarh) act, 1974 (act no. 54 of 1974) and the government of india's notification no.s.o.22(e), dated 8th january, 1975, the .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2005(5)ALT126
..... west bengal and new high courts for east punjab and east bengal were established.31. thus, the power to issue writs was limited to the three presidency high courts of calcutta, bombay and madras, as successors of the old supreme courts. from 1865 to 1947, though the crown newly established several high ..... conduct its affairs without sufficient staff strength. the societies have not been allowed to meet the expenditure by way of fiscal limit imposed under section 116-c of the act.83. the societies are directed to pay salaries to its employees only within rs. 50,000/- and it would not ..... commissions and statutory authorities of all kinds.writ of mandamus14. mandamus means 'command'. the writ of mandamus is a high prerogative writ of a most extensive remedial nature. it is, in form, a command issuing in the king's name from the high court of justice, directed to any person ..... remedy must be equally convenient, beneficial and effectual. in england, such alternative remedies include a petition of right (replaced by proceedings under crown proceedings act, 1947); an appeal to a court or tribunal; an election petition; an execution and an action at law.16. an order for mandamus will lie ..... certiorari said:whenever any body of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially, act in excess of their legal authority, they are subject to the controlling jurisdiction of the king's bench division exercised in these writs.47 .....Tag this Judgment!
Court : Delhi
Reported in : 18(1980)DLT454
..... amounting rs. 20,000.00 due to sheikh mohd. abdula is based on the provisions of 1947 act. the said act it is common case, was extended to delhi which was then chief commissioner's province, 1947 act defines the 'evacuee' to mean a person ordinarily resident in east punjab or who on account of...or the partition of the country leaves or has since the first ..... day of march, 1947 left the said territory for a place outside india. that sheikh mohd. abdula is an evacuee ..... the extension was made by the parliament it was within its competence to impose a tax on. supply of material in building contract and impose it under the name of sales tax. on .the same analogy even if the provincial legislature of punjab was not competent to frame legislation with regard to moveable property that limitation and restriction will not be read in 1947 act ..... the custodian. in the alternative it was also urged that even if the right to receive royalty is property it could not be covered by the east punjab evacuees' (administration of property) act, 1947 (hereinafter to be called 1947 act) as the said act was passed by the punjab legislature which could not legislate with reference to the moveable property, as being outside its legislative competency. (5) in .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (2007)4PLR440
..... leave to contest eviction petition.15. there is another important and relevant provision which must be construed to exclude the applicability of section 5 of the limitation act. sub-section 18-b of the east punjab urban rent restriction act, 1949 reads as under:18-b. section 18-a to have over-riding effect-section 18-a or any rule made for the purpose thereof ..... 'ble supreme court took note of the observations made in mukri gopalan's case (supra) and also section 29(2) of the limitation act, but held that section 5 of the limitation act has no application where there is no provision for extension of time or condonation in a local or special law. the entire view depends upon the interpretation of section 29(2) of ..... section 5 of the limitation act to the proceedings under section 8 of the act is certain and sufficiently clear section 29(2) of the limitation act as to the express exclusive of section 5 of the limitation act and the specific period of limitation prescribed under section 8 of the act, without providing for either extension of time or application of section 5 of the limitation act or its principles can ..... four months, as the case may be, for initiating proceedings for enforcement of right of pre-emption by different categories of people with no provision made for extension o; application of section 5 of the limitation act. when in the same statute in respect of various other provisions relating to filing of appeals and revisions, specific provisions are made so as to give .....Tag this Judgment!
Court : Punjab and Haryana
..... coming from the custody of the defendant/appellant and is a government record?. (ii) whether demised premises, if included in the municipal limits by way of notification of the government to which the provisions of the east punjab urban rent restriction act, 1949 became applicable, civil court still have the jurisdiction to decide the lis between the parties?. rs.no.3367 of 1987 -7 ..... located in the rural area, therefore, provisions of east punjab urban rent restriction act, 1949 were not applicable and the said petition was dismissed for want of jurisdiction and now in order to prolong the litigation, the plea has been taken by the defendant to prove that the demised premises has come within municipal limits by virtue of notification dated 5.6.1987, published ..... and another . 2005(1) rcr (civil) 303 and lakshmi narayan guin and others versus niranjan modak, 1985 (1) rent control reporter 27 (sc).the aforesaid judgments are the cases of extension of municipal limits wherein it has been held that the moment demised premises, which happened to be a rural property, becomes an urban area by its inclusion within the municipal ..... to mention here that in law, there are two situations where the judgments have been rendered by various courts about the jurisdiction of the civil court in case of extension of the municipal limits by which the rural properties are included in the urban areas; and in case of expiry of the exemption period during pendency of the suit. both the situations .....Tag this Judgment!
Court : Delhi
Reported in : 11(1975)DLT79; 1974RLR453
..... to be taken into account in considering whether the apellant had shown a sufficient cause and ultimately held that there was sufficient cause justifying the extension of time under section 5 of the limitation act in filing the appeals. in punjab university etc. v. acharya swami ganesh and another, : air1972sc1973 , there was a bona fide mistake of the counsel in computing the period of ..... utmost respect, this distincton does not seem to have been borne in mind in certain dicta in a series of decisions of the punjab high court such as the following : (20) the analogy of section 14 of the limitation act is useful in determining 'sufficient cause' under section 5 only when the delay is caused by the applicant proceeding in a court which ..... have been extended under section 5 of the limitation act. the court observed towards the end of paragraph 7 as follows : 'we do not find anything in ..... . the high court held that there was no ground for extending time under section 5 of the limitation act inasmuch as an advocate of 34 years' standing could not possibly make a mistake in view of the clear provisions of section 39 of the punjab courts act. nevertheless, the supreme court held that the mistake of the counsel was bona fide and time should .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1995P& H243; (1995)109PLR614
..... is no assent of the president of india for the act of 1992; (ii) under the east punjab consolidation of holdings act, 1948 (hereinafter referred to as the 'consolidation act' lands were reserved for common purposes by imposing a proportional cut in the holdings of the proprietors from their lands within the ceiling limits and the management of such land vested in the gram ..... to as 'consolidation rules, 1949') read with the east punjab holdings (consolidation and prevention of fragmentation) haryana ist amendment rules 1970 (hereinafter referred to as 'consolidation rules 1970).24. putatively it defines common purposes which in principle means for common need, convenience or benefits of village -- it was further elaborated like as extension of abadi deh, providing for income of panchayat ..... and extinguished subject to the condition that the land or their income could be appropriated for the village community though at the same time, the sand reserved for the extension of abadi deh or manure pits vested in proprietors or non-proprietors to whom it was allotted.29. the conspectus of conclusion followed the interpretation of various sections of ..... and the rights and interests of the owners of such lands shall stand modified and extinguished accordingly. provided that in the case of land assigned or reserved for the extension of village abadi or manure pits for the proprietors and non-proprietors of the village such land shall vest in the proprietors and non-proprietors to whom it is .....Tag this Judgment!