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Judgment Search Results Home > Cases Phrase: the east punjab extension of limitation act 1947 Sorted by: old Court: karnataka Page 1 of about 29 results (0.024 seconds)

Dec 12 1957 (HC)

Chandappa Vs. SadruddIn Ansari

Court : Karnataka

Reported in : AIR1958Kant132; AIR1958Mys132; ILR1957KAR448; (1958)36MysLJ139

..... issued by different state governments, under section 35 of the indian court-fees act. in most of these notifications the less have been reduced or remitted with reference to a class of persons, who, according to the concerned governments deserve remission or reduction. the state gov government of east punjab have conferred the benefit under this section to the displaced persons. the gov ..... not a provision to regulate the powers of the government. it is a power conferring section. it must be given its full amplitude. the section merely lays down the outer limits of the power of the government. it is for the gov government to choose both the area and the class of people to be benefited by the remission or reduction ..... in question. read this way the power of the gov government to reduce or remit the court-fees, is co-extensive with that of the legislature. it must be remembered that it is a power to reduce or remit the court-fee und not to impose. 8. if the government's ..... 132-(f). the rajpramukh is pleased to exempt all displaced destitute persons in the whole of the hyderabad state who during the period of 2 years commencing from 13th sep. 1947 to 13th sep. 1949 have been dispossessed of their immoveable property, from the payment of the court-fees payable under schedule nos. 1 and 2 of the said .....

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Dec 12 1997 (HC)

Mrs. Flora Chandrabai Vs. Mrs. Navaneetha Suganthamani and ors.

Court : Karnataka

Reported in : ILR1998KAR3685

..... it has to be an application to a court for the reason that sections 4 and 5 of the 1963 limitation act speak of expiry of prescribed period when court is closed and extension of prescribed period if applicant or the appellant satisfies the court that he had sufficient cause for not preferring the appeal or making the application during such period. article ..... kshirsagar and anr, : air1987mp145 bombay high court in vasudev daulatram v. sajni prem, : air1983bom268 and the calcutta high court and punjab and haryana high court in state of punjab v. sh. vishwajit singh and ors, . have also taken the view that limitation act, 1963 including article 137, has no application for grant of probate. we are in respectful agreement with the reasonings of the ..... said decisions.11. however the appellant referred to the decision of punjab & haryana high court in the case of 'in the matter of estate of gurcharan dass puri' reported ..... held therein that article 137 applies for obtaining letters of administration though not for 'probating a will'. besides the same court in a later decision i.e., in state of punjab referred to supra has distinguished the said case and has held, article 137 has no application for 'obtaining probate'.12. the next decision relied on by the appellant in hari .....

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Nov 21 1958 (HC)

The Metal Corporation of India Ltd. Vs. P. Colombi

Court : Karnataka

Reported in : AIR1960Kant1; AIR1960Mys1; ILR1959KAR57

..... the learned advocate for the respondent that the execution of the decree is barred by limitation. the learned advocate for the appellant contended that art. 183 of the limitation act is applicable and that there is no bar of limitation. in view of my conclusion that the decree is otherwise inexecutable, it is not ..... countries forming part of the united kingdom.still the laws in both the countries were different and until the passing of the judgment extension act and the foreign judgment reciprocal act, the decrees passed by courts of those countries were governed by the principles of private international law and if the decree was an ..... of india.'in the case of ramalingam v. abdul wajid, air 1950 pc 64, it was held that with the passing of the indian independence act 1947, the maharaja of mysore alone had sovereign powers and it was for him to make such laws as he thought fit for the administration of justice ..... useful to discuss the general principles underlying the validity or otherwise of foreign judgments. the ordinary rule is that a country has exclusive jurisdiction within the limits of its own territory. it cannot lay down rules for the rest of the world. other countries are not bound to recognise its judgments as ..... laws so repealed and also that to execute a decree is not a right conferred on the decree holder. the view of the full bench of the punjab high court in the case of firm radhe sham roshan lal v. kundan lal mohan lal, , is also similar. it was observed in that .....

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Sep 04 1959 (HC)

N. Ayyanna Setty and Sons and ors. Vs. State of Mysore

Court : Karnataka

Reported in : [1961]12STC731(Kar)

..... be defeated by an appeal to that section and further they were held to be governed by article 62 of the first schedule of the indian limitation act. the learned counsel on behalf of the appellants in the regular appeals contends that although his suits were filed after the 15th of may, 1951 ..... of the madras high court reported in state of madras v. abdul khader : air1953mad905 , and held that suits are governed by article 62 of the limitation act. on the question of maintainability of the suits, although he recorded a clear finding on the relevant issues in the various suits that the suits were ..... 18-a are maintainable. it must further be held that the latter two suits are governed by article 62 of the first schedule of the indian limitation act. 31. in view of our finding that the suits out of which the regular appeals arise were not maintainable, it is unnecessary to examine the ..... the bar under section 18-a cannot prevail in view of the decision of the supreme court of india reported in state of tripura v. province of east bengal : [1951]19itr132(sc) . but, the injunction sought in that case was one to restrain the assessing authority from proceeding with an assessment before ..... . 50), already referred to by us, and commissioner of income-tax, punjab v. tribune trust lahore ([1948] 16 i.t.r. 214; i.l.r. 1947 lah. 809). in the former case after reviewing the provisions contained in the income-tax act and holding that an effective and appropriate machinery is provided therein for the .....

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Jan 03 1967 (HC)

C. Venkata Reddy and anr. Vs. Income-tax Officer, (Central)-i and ors.

Court : Karnataka

..... for retention of books and paper, requires the sons in writing for extending the period and obtain the approval of the commissioner for further retention, and impose a further limit to the extension in relations to proceedings for which the said books and papers may be relevant. the commissioner's approval for retaining the books and papers may be relevant. the ..... as evidence for the purpose of completing pending assessments, for bringing under assessment income discovered at the search to have been omitted to be disclosed within the period of limitation prescribed by the statute for reopening of assessments already closed an for completing the assessments so reopened consequent upon information gathered at the search. it also appears obvious from ..... : [1954]26itr1(sc) ; sri meenakshi; mills ltd., v. vishvanath sastri, : [1954]26itr713(sc) and muthiah v. income tax commissioner, madras, : [1956]29itr390(sc) .38. the object of the said act 30 of 1947 was t ascertain whether the actual incidence of taxation on income during the years immediately preceding its promulgation had been in accordance with the provisions of the law and ..... on behalf of the petitioners one decided by the allahabad high court and reported in seth brothers v. commissioner of income tax, u. p., : air1965all487 and the other decided by punjab high court and reported in n. k. textile mills v. commissioner of income-tax, , the constitutionality of section were struck down as illegal on the peculiar facts of each .....

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Jan 03 1967 (HC)

C. Venkata Reddy and anr. Vs. Income-tax Officer (Central) I, Banglore ...

Court : Karnataka

Reported in : [1967]66ITR212(KAR); [1967]66ITR212(Karn)

..... papers, requires the seizing officer to record his reasons in writing for extending the period and obtain the approval of the commissioner for further retention, and imposes a further limit to the extension in relation to proceedings for which the said books and papers may be relevant. the commissioner's approval for retaining the books and papers beyond the period of 180 ..... available as evidence for the purpose of completing pending assessments, for bringing under assessment income discovered at the search to have been omitted to be disclosed within the period of limitation prescribed by the stature for reopening of assessments already closed and for completing the assessments so reopened consequent upon information gathered at the search. it also appears obvious from the ..... mohta and co. v. visvanatha sastri, shree meenakshi mills ltd. v. visvanatha sastri and m. c t. muthiah v. commissioner of income-tax. 40. the object of the said act 30 of 1947 was to ascertain whether the actual incidence of taxation on income during the years immediately preceding its promulgation had been in accordance with the provisions of the law and ..... cases cited on behalf of the petitioners - one decided by the allahabad high court and reported in seth brothers v. commissioners of income-tax and the other decided by the punjab high court in n. k. textile mills v. commissioner of income-tax - the constitutionality of section 132 was upheld but the searches were struck down as illegal on the peculiar .....

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Feb 12 1970 (HC)

The Commissioner of Income Tax, Mysore, Bangalore Vs. the Sole Trustee ...

Court : Karnataka

Reported in : AIR1970Kant285; AIR1970Mys285; [1970]77ITR61(KAR); [1970]77ITR61(Karn)

..... object of general public utility and the question has to be decided on the facts of each case.6. there are limitations to the powers of this court under. section 258 of the act. the high-court cannot send back the caseto the tribunal to find out fresh facts and embark on a fresh line ..... the context of section 2(15), 'profit' could not mean private profit and it could only mean any surplus earned by an organised activity without any limitation of the extent of the distribution of such profits and that the activity of the trust could be carried on and its objects could be advanced without expecting ..... officer, the appellate assistant commissioner and the tribunal have all proceeded on the basis that the trust in question was created by the deed dated 10-4-1947. since our jurisdiction is advisory and that jurisdiction is confined to the question of law referred, it is not open to us to call further information ..... an object of general public utility and that the income of the trust was exempt under section 4 (3) (i) of the act of 1922. in running of ..... 1922 before the act came into force.11. in re. the trustees of the tribune , it was held by the judicial committee of theprivy council reversing the judgment of the high court of punjab that a trust with the object of supplying the province with an organ of educated public opinion was prima facie .....

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Aug 19 1970 (HC)

The State of Mysore Vs. Boramma and ors.

Court : Karnataka

Reported in : AIR1971Kant117; AIR1971Mys117; (1971)ILLJ154Kant; (1970)2MysLJ392

..... eight months only as the salary payable during that period alone would be within the period of limitation under article 102 read with section 15 (2) of the indian limitation act, 1908 (hereinafter referred to as the act). the state of mysore the defendant in this case, contended, inter alia, that the suit ..... was before april 29, 1955 the normal age of retirement was 55 years for all including trained teachers and it was for the government to give extension on the ground of fitness. but after note 4 was added to rule 294 (a), the position with respect to trained teachers was changed and ..... government which prevents accrual of pay and allowances from date of such dismissal or removal would never, in the eye of law, come into operation.' the punjab high court also disagreed with the decision of the madras high court in : (1963)iillj584mad . same view has been expressed by the privy council in ..... dock worker employed in the reserve pool by the national dock labour board under the scheme set up under the dock workers (regulation of employment) order, 1947. by clause 3 (3) of the scheme, the national board had the duty of delegating as many as possible of their functions to local boards. ..... that case certain persons who were registered as dock workers were suspended from work in contravention of the provisions of dock workers (regulation of employment) order, 1947, by the port manager who had no power to do so. under the said order, the power of suspension was exercisable under clause 16 (2) .....

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Apr 25 1986 (HC)

Fci Loading and Unloading Workers Union Vs. Food Corporation of India

Court : Karnataka

Reported in : ILR1986KAR2579

..... have the right to an adequate means of livelihood. article 41, which is another directive principle, provides, inter alia that the state shall, within the limits of its economic capacity and development, make effective provision for securing the right to work in cases of unemployment and of undeserved want. article 47 provides ..... workmen employed by its independent contractor had been judicially determined by the supreme court as early as in the year 1955 in shivanandan sharma v. the punjab national bank ltd., : (1955)illj688sc the supreme court observed as follows:'the appellate tribunal held that on a reading as a whole of the ..... in the latest decision of the house of lords in the case of mersey docks and harbour board v. coggins and griffith (liverpool) ltd. 1947 ac 1(c). the house of lords distinguished that ruling on facts but did not depart from the general rule laid down in the earlier decision ..... v. d. j. bahadur and ors., 1981 (1) llj 1.section 30(2) also throws some light on the scheme of the act. though the act permits the principal employer to engage contract labour, it is open to the workmen to enter into a contract with the principal employer directly for ..... in its various godowns and railheads in bangalore district as illegal, irregular, arbitrary and discriminatory being opposed to the provisions of the industrial disputes act and article 14 of the constitution and for a writ in the nature of mandamus directing the corporation not to retrench the aforesaid workers without .....

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Jun 23 1988 (HC)

Sulochana S. Shetty Vs. Chief Executive Officer

Court : Karnataka

Reported in : ILR1988KAR1998; 1988(2)KarLJ179

..... delay should not result in deprivinghis dependents of the material gains, that should have normally beenrealised by him during his life time. the industrial disputes act, bysection 10(8) has recognised this principle. equitable considerationsjustify the extension of such a principle to the claims of any otheremployee, seeking redress by invoking the writ jurisdiction. in thecircumstances, we are of the opinion that ..... emoluments, the legalrepresentatives had to file a separate suit, even if the writ petitionsucceeded. it was further observed that, it was doubtful whether thesuit would be within the period of limitation, as the order ofdismissal was made as early as 1958 ; the court had doubt as to theoperative date for computing period of ..... limitation. hence the courtheld that, --'the issue of a writ is only sought as a step towardsfurther legal steps which the legal representatives of the deceasedofficer propose to take.'thereafter, the ..... the view taken by the highcourt of allahabad, gujarat and punjab and haryana, on the point inissue, is to be preferred.16. we may also refer to .....

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