Court : Allahabad
Reported in : AIR1964All504
..... arrest or imprisonment in execution of any decree passed either before or after the commencement of the act. section 31 of the act lays down that section 60 civil procedure code will apply with certain modifications. variation of maintenance allowance, extension of period of limitation and curtailment of period of limitation for execution of certain decrees are provided for under sections 34, 36 and 37 of the ..... a decree or order passed by it as a civil court.chapter iii specifies the reliefs that can be granted under the act. some of the reliefs that can be granted are cessation of interest on and from august 15, 1947, exemption from arrest, relief in the matter of attachment of property, scaling down of debts and payment by instalments, section 40 ..... ' and it was held that the returning officer who decided on validity of nomination paper under sub-section (2) of section 36 of the representation of the people act. 1951. is not a 'court'. while arriving at that conclusion ..... for arriving at that conclusion was that the commissioner under the aforesaid act was not empowered to decide the matter briefly but was required only to submit bis recommendations to government which alone was competent to pass final orders.29. in the case of virindar kumar satyawadi v. state of punjab : 1956crilj326 stress was laid on another essential requisite of a 'court .....Tag this Judgment!
Court : Allahabad
Reported in : (2005)195CTR(All)368; 273ITR8(All)
..... period to complete an assessment. the punjab and haryana high court in the case of mayor and co. v. cit has held that the expression 'such further period', though not defined in the act, keeping in view the limitation prescribed under the act for completion of assessment within two years from the end of the assessment year, the extension contemplated by section 80hhc(2)(a ..... ,88,860 and a writ of mandamus commanding the commissioner of income-tax to pass a fresh order under section 80hhc(2)(a) of the income-tax act, 1961, in respect of the extension of time for payment received from the aforesaid two persons.2. the petitioner claims itself an exporter and is doing the export of saddlery leather and brass items ..... , passed by respondent no. 1 is quashed by issuing a writ of certiorari. respondent no. 1 is commanded by a writ of mandamus to grant extension of time under section 80hhc(2)(a) of the act in so far as it relates to the sale proceeds in respect of the goods exported by the petitioner to m/s. horseman, usa under invoice ..... expire on september 30, 1997. the petitioner filed an application dated september 30, 1997, before respondent no. 1 on october 31, 1997, requesting for extension of time, for the purposes of section 80hhc(2)(a) of the act, of one year for bringing into india, in convertible foreign exchange, the sale proceeds approximately of rs. 3,53,000 relating to the goods .....Tag this Judgment!
Court : Allahabad
Reported in : 143TAXMAN206(All)
..... . the punjab and haryana high court in the case of mayor and co. v. cit has held that the expression 'such further period', though not defined in the act, keeping in view the limitation prescribed under the act for completion of assessment within two years from the end of the assessment year, the extension contemplated by ..... writ of mandamus commanding the commissioner of income-tax to pass a fresh order under section 80hhc(2)(a) of the income tax act, 1961, in respect of the extension of time for payment received from the aforesaid two persons.the petitioner claims itself an exporter and is doing the export of saddlery ..... . 1 is quashed by issuing a writ of certiorari. respondent no. 1 is commanded by a writ of mandamus to grant extension of time under section 80hhc(2)(a) of the act in so far as it relates to the sale proceeds in respect of the goods exported by the petitioner to m/s. ..... 1997. the petitioner filed an application dated 30-9-1997, before respondent no. 1 on 31-10-1997, requesting for extension of time, for the purposes of section 80hhc(2)(a) of the act, of one year for bringing into india, in convertible foreign exchange, the sale proceeds approximately of rs. 3,53, ..... 000 was due as outstanding from three foreign buyers as on 31-3-1997. an application for extension of time as required under section 80hhc(2)(a) of the income tax act (hereinafter referred to as 'the act') was filed by the petitioner before the commissioner of income-tax. the commissioner of income-tax by .....Tag this Judgment!
Court : Supreme Court of India
..... the incapacity or lack of readiness and willingness on part of the plaintiff to perform his obligations. undoubtedly, the time for deposit could be extended under section 28 of the act. but the mere extension of time for deposit does not absolve the plaintiff of his obligation to demonstrate readiness and willingness coupled with special circumstances beyond his control to seek such ..... as to why the balance amount of consideration could not be deposited within the time granted by the court merely because a suit is filed within the prescribed period of limitation does not absolve the vendee plaintiff from showing as to whether he was ready and willing to perform his part of the agreement and if there was non performance, was ..... time cannot ipso facto be construed as otherwise demonstrating readiness and willingness on part of the plaintiff. the plaintiff was required to plead sufficient, substantial and cogent grounds to seek extension of time for deposit because otherwise it becomes a question of his conduct along with all other attendant surrounding circumstances in the facts of the case. we therefore find no ..... his 3 obligations under the agreement and failed to deposit the balance consideration within the two months time granted by the trial court on 01.06.1994. the application for extension of time made after expiry of the time prescribed is sufficient evidence for the incapacity of the plaintiff to perform his obligations demonstrating readiness and willingness. the high court in .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1962P& H350
..... . most of the same objections have been again taken before us.(3) the tax has been imposed by virtue of section 30 of the punjab district boards act which runs thus-'30. a district board may, with the previous sanction of the state government, impose any tax which the state legislature has ..... a provisions had to be made for extension of revenue, and it was for this purpose that power had to be given to the district boards to impose taxes within their jurisdiction. that power had been given by section 30 of the act, but the limits within which the power has to be ..... restrictions are even more stringent and the guiding principles more clearly stated, and i cannot find any ground for holding that section 30 of the punjab district boards act offends against the rule of excessive delegation of legislative function, and, in may opinion, the courts below were right in repelling this contention.(5) ..... consideration. (6) when the proposals of a district board in respect of a tax have been sanctioned by the state government, then- (a) in punjab, the state government shall notify the imposition of the tax in accordance with the proposals, and shall in the notification specify a date not less than ..... state legislature cannot, in may opinion, hold good. very similar power has been given to the municipal committees under the punjab municipal act, and it is pertinent to notice that in connection with somewhat similar power exercisable by a municipal committee under the bombay district municipalities .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR2005Raj235; RLW2005(2)Raj1096; 2005(2)WLC660
..... v. rajiv kumar) 2002 (8) scc 400, wherein the hon'ble supreme court has held that exercise of jurisdiction under article 227 of the constitution is limited and restrictive, in nature. it is so exercised in normal circumstances for want of jurisdiction, errors of law, perverse findings and gross violation of natural justice, ..... enactment, that there may be speedy disposal of such cases, that it has been provided that reply it to be filed within 30 days and the extension of time may not exceed 15 days. this provision envisages that proceedings may not be prolonged for a very long time without the opposite party having ..... was refused by the petitioner defendant and then was deposited in the court. now applying on the ratio decided by the andhra pradesh as well as punjab and haryana high court in the case of amar singh, which has been referred by learned counsel for the petitioner, an application for amendment of plaint ..... in cpc under section 148. as per the provisions of section 148 any period is fixed or granted by the court for the doing of any act prescribed or allowed by this code, the court may, in its discretion, from time to time, enlarge such period (not exceeding thirty days in total ..... not necessarily to be rejected. all facts and circumstances of the cases must be taken into account. the statement of objects and reasons of the act also provides that principles of natural justice have also to be kept in mind.8. after referring the aforesaid judgment mr. maloo referred order 8 rule .....Tag this Judgment!
Court : Punjab and Haryana
..... there are concurrent findings of fact with regard to execution of agreement to sell (ex.p-1).in regular second appeal, this court has limited power and cannot interfere in the concurrent findings of fact recorded by both the courts below. learned counsel has further contended that mere inter ..... and integrity of this document rs.no.91 of 2010 13 fundamental; for instance, if the contract were to include clause providing for extension of time in certain contingencies or for payment of fine or penalty for every day or week the work undertaken remains unfinished on the ..... further the agreement to sell cannot be said to be duly executed. in this connection, it would be appropriate to refer to the relevant provisions in punjab stamp rules, 1934, as applicable to haryana. rule 28 (xiii) of the said rules reads as under: - (xiii) the vendor shall, with ..... a court of appeal. in laxman tatyaba kankate versus taramati harishchandra dhatrak, air2010sc3025 it was observed that section 20(2) of the specific relief act, 1963 specifies circumstances in which the court may properly exercise discretion, not to decree specific performance. the circumstances specified are only illustrative and not ..... khodaram irani v. burjorji dhunjibhai [ilr40bom 289 ].the judicial committee of the privy council observed that the principle underlying section 55 of the contract act did not differ from those which obtained under the law of england as regards contracts for sale of land. . 22. in hind construction contractors .....Tag this Judgment!
Court : Supreme Court of India
..... into the code. this is to be found in the report of the insolvency law committee of march, 2018, as follows: 28. application of limitation act, 1963 28.1 the question of applicability of the limitation act, 1963 ( limitation act ) to the code has been deliberated upon in several judgments of the nclt and the nclat. the existing jurisprudence on this subject indicates that ..... filed before the competition commission (see lachmeshwar prasad shukul and ors. v. keshwar lal chaudhuri and ors., air1941fc5, the nclat will decide the appeal on the footing that the limitation act did not apply to an application made before the competition commission. on the other hand, insofar as applications are filed under section 7 or 9 of the code, or ..... .2 further, non-application of the law on limitation creates the following problems: first, it re-opens the right of financial and operational creditors holding time-barred debts under the limitation act to file for ..... and there appears to be no rationale to exclude the extension of this principle of law to the code. 1 ravula subba rao and anr. v. the commissioner of income tax, madras, (1956) scr577 2 punjab national bank and ors. v. surendra prasad sinha air1992sc1815 3 interactive media and communication solution private limited v. go airlines, 199 (2013) dlt267 11 28 .....Tag this Judgment!
Court : Delhi
..... judge, south-east district at saket court, new delhi, it being a case for permanent injunction to restrain it from infringement and passing off of the trademark and copyright and for recovery of damages, delivery up, etc. the plaint describes the plaintiff as a private limited company having its office in jalandhar, punjab and another office at 36, pocket b, siddharth extension, new ..... delhi, within the territorial jurisdiction of the district court where the suit has been filed. it describes the petitioner (the defendant) as an entity working for gain from an office in jalandhar, punjab. crp872018 page 1 of 3 2 ..... titled mr. piruz khambatta & anr. vs. rajmohan rupaji modi & ors., on similar issues concerning territorial jurisdiction involving application of section 134(2) of the trade marks act, 1999 and section 62(2) of the copyright act, 1957.5. in the considered view of this court, the averment in the plaint to the effect that the defendant is clandestinely selling the infringing crp872018 ..... . the plaintiff has an office in delhi and has registered trade marks. the hon ble court has jurisdiction under section 62(2) of the copyright act, 1957 read with section 134(2) of the trade marks act, 1999. 3. the defendant (the petitioner) had moved an application under order vii rule 11 of the code of civil procedure, 1908 (cpc) seeking .....Tag this Judgment!
Court : Delhi
Reported in : 2001IIAD(Delhi)501; 90(2001)DLT112; 2001(57)DRJ672; 2001RLR196
..... reporter 83 has been pressed in support of the respondents' contention that the delay can only be condoned if the application under section 5 of the limitation act accompanies the appeal. in that case the certified copy had not been filed along with the appeal nor was condensation of delay applied for at the ..... circumstances of the case.2. mr. s.k. bhalla, learned counsel appearing for the respondents has emphasised that the application under section 5 of the limitation act did not accompany the appeal, as was required by law. he has also highlighted that the application has not been supported by the affidavit of the counsel ..... copy on the reopening day and get a remission from the commencement of the remaining of time for the vacation period. there is no other remission of extension of time permitted by law.6. it is contended in the alternative by mr. v.k. shali, learned counsel for the petitioner that the delay ..... , both in the application for condensation of delay and in the supporting affidavit. i am quite in agreement with the decision of the punjab high court cited above and thereforee hold that there is no sufficient cause for condoning the delay and according the appeals have to be rejected as ..... is no saying to what extent the excuse of ignorance might not be carried: it would be urged in almost every case' (bilbie v. lumley, 2 east, 469. similar observations have also been made by lord cottenhan in stuart v. stuart 6 cll.&f.911.; there is no doubt that courts have given relief .....Tag this Judgment!