Court : Madhya Pradesh
Reported in : 123STC548(MP)
..... ), then as a necessary corollary, the parliament should have amended the definition of 'sale' as defined under section 2(g) of the central sales tax act, 1956 so as to empower the authorities to tax interstate sales effected in execution of works contract. it was urged that mere introduction of clause (29a) in ..... on record, the transaction in question is liable to be subjected to payment of central sales tax.12. section 3 of the central sales tax act, 1956 provides that a sale or purchase of goods shall be deemed to take place in the course of inter-state trade or commerce if the sale ..... was obligatory on the part of the legislature to have amended the definition of 'sale' defined under section 2(g) of the central sales tax act, 1956 so as to make it in conformity with the expression defined in clause (29a) to article 466 and with a view to impose/recover tax on ..... chancholia, learned counsel for the petitioner and shri p. verma, learned government advocate, for the respondents.8. relying upon the full bench decision of punjab and haryana high court rendered in the case of east india cotton manufacturing company limited v. state of haryana  90 stc 221, learned counsel for the petitioner ..... arose on the facts stated infra.3. the petitioner is a dealer as defined under the m.p. general sales tax act (since repealed) as also under the central sales tax act. it is engaged in the business of manufacture and sale of machinery parts. the petitioner also undertakes the execution of job- .....Tag this Judgment!
Court : Mumbai
Reported in : 2005(4)ALLMR98
..... from 17th november, 1999.4. on behalf of the petitioners their learned counsel contends that considering the language of section 15 and section 12 of the indian medical council act, 1956, once the petitioners had obtained qualifications after the amendment to the schedule and before its omission in 1999, they were entitled to practice within the territorial limits of india ..... petitioners have passed m.b.b.s. degree from universities in pakistan. they approached this court placing reliance on a notification dated 14th february, 1992. by that notification in exercise of the powers under sub-section (3) of section 12 of the indian medical council act, 1956 the central government after consultation with the medical council of india amended the second schedule ..... recognised qualification.5. the question, therefore, is whether the petitioners considering the fact that between 1992 and 1999 obtained the degree qualifications of university of sind and university of punjab respectively and which were included in the second schedule are entitled to be registered with the medical council of india even though they did not apply for registration before the ..... omission of the entries in the second schedule. admittedly all the petitioners had applied after 2000. in other wards they do not belong to that class of persons who may have applied between the years 1992 and 1999. we are, therefore, not called upon to consider the case .....Tag this Judgment!
Court : Punjab and Haryana
cr 130.of 2013 -1- in the high court of punjab and haryana at chandigarh cr 130.of 2013 date of decision : february 26, 2013 amit jain .....petitioner versus vinay shila alias pallavi .....respondent coram: hon'ble mr.justice t.p.s.mann present : mr baljinder singh sra, advocate ---Tag this Judgment!
Court : Kerala
Reported in : AIR1993Ker146
..... succession act, 1956 would suffer a repeal on account of section 7 of the joint family abolition act, 1975 and would cease to apply in relation to persons who died after the commencement of the joint family abolition act, 1975. we shall, therefore, deal with these three decisions. 35. ram sarup v. munshi, air 1963 sc 553 was concerned with the punjab preemption act, 1913. that act ..... unauthorisedly put up in item 3 by the defendants after the death of lakshmikutty amma. the trial court also held that section 15 of the hindu succession act, 1956 applied and that section 17 was no longer applicable after the passing of the joint family abolition act, 1975 and that, therefore, chellamma could not have claimed any right to the property on the ..... meanings assigned to them respectively under the punjab alienation of land act, 1900." the latter act of 1900 was repealed by the adaptation of laws (third amendment) order, 1951. the supreme court held that section 14 became inoperative after the repeal of the punjab alienation of land act, 1900. it was further held that with the repeal of the punjab alienation of land act, 1900 the restriction imposed by section ..... in m. k. baiakrishna menon v. asst. controller of estate duty, air 1971 sc 2392 at p. 2395), it was held by the supreme court that the fiction created in section 7(3) of the hindu succession act, 1956 by the words "as if the sthanam property had been divided per capita immediately before the death of sthanamdar among himself and all the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1968SC331; 1SCR336; 21STC91(SC)
..... other goods. 19. the fifth question involves consideration of the effect of the amendment of art. 286(3) of the constitution and the repeal of central act no. 52 of 1952. the constitution (sixth amendment) act, 1956 passed on september 11, 1956 substituted a new clause (3) in art. 286. the effect of this amendment was that the restriction put by art. 286(3) on ..... of 1952, and since it did not receive the assent of the president it was ultra vires and invalid. in the earlier decision, the punjab high court held that (1) s. 5 of the east punjab general sales tax act, 1948, as it originally stood, was invalid on the ground of excessive delegation of legislative power to the executive, (2) the remaining sections of ..... several additional contentions. the first contention was that the consideration of the several questions arising in this case is precluded by res judicata in view of the decisions of the punjab high court in sales tax references nos. 4 and 13 of 1961. but this plea of res judicata has now been abandoned before us by counsel for the respondents. secondly, it ..... are not maintainable. there is no substance in this contention. the order of the financial commissioner was passed under s. 22(5) of east punjab act no. 46 of 1948. section 22(5) provides that the high court shall send to the financial commissioner a copy of its judgment in a sales tax reference under its seal and the signature of the registrar .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2007KAR4790; 2008(2)KarLJ406
..... ), dealing with the applicability of section 100 of the c.p.c. as amended in 1976 vis-a-vis section 41 of punjab courts act, the apex court has observed thus at paragraphs-13 and 14:13. on the doctrine of implied repeal, mr. mehta contended that procedural law must be having a meaningful existence without being in conflict with a parliamentary legislation. undoubtedly, the ..... referred to by the learned counsel for the first defendant, what was under consideration was sections 6 and 8 of the hindu succession act, 1956, whereas in the case on hand, this court considered the case of the parties in the light of the karnataka amendment act of 1990, by which section 6-a was brought in by way of amendment to the principal ..... the case of ramappa gudadappa gudadannavar v. chandangouda neelangowda goudar 1960 mys lj 476. in the said case, this court has observed that the provisions of the hindu succession act, 1956 are not retrospective in their operation arid in a case where succession had already opened and the estate in question had already vested in persons in accordance with the law ..... the medical university. in other words, as a result of insertion of section 10-a in the indian medical council act, 1956 by the central act, with effect from august 27, 1992, the proviso to section 5(5) of the medical university act has ceased to apply in the matter of establishment of a medical college in the state of tamil nadu and its .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1958P& H128
..... these. the state government (the erstwhile pepsu government) issued a notification under section 240(1) (b) and (c) of the punjab municipal act, as then in force in the pepsu state, dividing tills municipality into 9 election wards and the boundary of each ward was described in the schedule appended thereto.it was further laid down in this notification that one member shall be ..... the names of the persons residing or carrying on business in the extended area could not have been legally included in the roll of 1952 wards and that they had no right to vote in the 1956 elections. in my view, in either case there has been no delimitation of constituencies in accordance with law.9. if the administrator included the extended ..... to the deputy commissioner. his decision becomes final, subject to an election petition. admittedly, the petitioners have not availed of this remedy, and it will not be proper for this court in the present proceedings to go into the merits of these objections, particularly when they involve disputed questions of fact. i have,therefore, no hesitation in rejecting this ground also ..... in this municipal town for the election of members for the entire municipality. this election was not limited to any given area or to any given class of persons.in 1956 the municipal town had within its area the territories included therein by 1953 notification. under election rule 6 every resident within the municipal limits was entitled to vote unless he .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1971AP211
..... in british indian even after 1-4-1937.12. the law relating to the scope. effect and applicability of section 6 of the general clauses act and the repeal and saving provisions in a repealing act has been succinctly laid down by the supreme court in state of punjab v. mohar singh, 0043/1954 : 1955crilj254 the learned judge, b.k. mukherjea, j. who spoke for the ..... , it impliedly indicates that in other matters the repealed indicates that in other matter s the repealed act cannot be resorted to. for in view of section 658 of the ..... with which we are now concerned, section 658 of companies act, 1956 reads:'the mention of particular matters in section 645 - 657 or in any other the general application of section 6 of the general clauses act, 1897, with respect to the effect of repeals.'sarkar, j. (as he then was), who spoke for the court, while considering this aspect of the case, observed thus ..... that since by sec. 647 the act of 1956 expressly makes the repealed act applicable to a winding up commenced under it, it impolitely indicates that in other matters the repealed act cannot be resorted to for in view of section 658 of the act of 1956, the mention of a particular matter in sec. 647 the act of 1956 expressly makes the repealed act applicable to a winding upcommenced under it .....Tag this Judgment!
Court : Punjab and Haryana
..... rania, lehal, bidipur, chur chak, jaffarwal, shahpur and suchetgarh, tehsil and district gurdaspur, was acquired by the respondents under the national highways act, 1956 (hereinafter referred to as '1956 act') and the land acquisition collector, gurdaspur, passed the awards. the petitioners.main grievance is that while assessing the compensation, the benefits admissible under sections ..... been granted to them despite the fact that this court in m/s golden iron and steel forgings versus union of india and others.2011 (4) rcr (civil) 375, has categorically held that even in the case of acquisition under the national highways act, 1956, the above mentioned statutory benefits are admissible to the ..... . on our asking, mr.hitesh kaplish, central government standing counsel accepts notice on behalf of respondent no.1; mr.p.s.bajwa, additional advocate general, punjab, accepts notice on behalf of respondent no.3 and mr.rishi kaushal, advocate, accepts notice on behalf of respondent no.2. let four copies of the ..... present : mr.naresh kaushal, advocate, for the petitioners.mr.hitesh kaplish, central government standing counsel for respondent no.1-uoi. mr.p.s.bajwa, additional ag, punjab. mr.rishi kaushal, advocate, for respondent no.2. --- 1. whether reporters of local papers may be allowed to see the judgment?. 2. to be referred to ..... in the high court of punjab & haryana at chandigarh civil writ petition no.248 of 2014 date of decision :january 13, 2014 jagdev singh and others ......petitioners .....Tag this Judgment!
Court : Punjab and Haryana
..... . the petitioners land falling within the revenue estate of village lehal, tehsil and district gurdaspur was acquired by the respondents under the national highways act, 1956 (hereinafter referred to as '1956 act') and the land acquisition collector, gurdaspur, passed the awards on 24.12.2009/12.10.2012. the petitioners.main grievance is that while assessing ..... not been granted to them despite the fact that this court in m/s golden iron and steel forgings versus union of india and others.2011 (4) rcr (civil) 375, has categorically held that even in the case of acquisition under the national highways act, 1956, the above mentioned statutory benefits are admissible to the ..... of motion. on our asking, mr.hitesh kaplish, central government standing counsel accepts notice on behalf of respondent no.1; mr.p.s.bajwa, additional advocate general, punjab, accepts notice on behalf of respondent no.2 and mr.rishi kaushal, advocate, accepts notice on behalf of respondent nos.3 & 4. let four copies of the ..... present : mr.a.s.manaise, advocate, for the petitioners.mr.hitesh kaplish, central government standing counsel for respondent no.1-uoi. mr.p.s.bajwa, additional ag, punjab. mr.rishi kaushal, advocate, for respondent nos.3 &4. --- 1. whether reporters of local papers may be allowed to see the judgment?. 2. to be referred ..... in the high court of punjab & haryana at chandigarh civil writ petition no.260 of 2014 date of decision :january 13, 2014 tarlok singh and others ......petitioners versus union .....Tag this Judgment!